Calaveras County Municipal Code Ch. 17.18 Regulation of Commercial and Non-commercial Cannabis Cultivation and…

A. It is the purpose and intent of this chapter to allow limited regulated cannabis cultivation and other commercial cannabis activities, the goal being to preserve the public peace, health, safety, and general welfare of the citizens of Calaveras County and the environment while retaining the ability of cannabis consumers to have access to cannabis in the county.

B. It is also the purpose and intent of this chapter to develop reasonable regulations to prevent commercial cannabis cultivation in higher-density residential zones and to minimize its impact on residents but to also provide those state-compliant commercial medical cannabis cultivators who complied with the May 10, 2016 version of this chapter an opportunity to apply for a commercial cannabis cultivation permit under this current Chapter and, if necessary, to either apply for compatible zoning districts for their parcels, relocate to available parcels with compatible zoning, or transfer their permit or right to apply for their permit to another qualified person or entity with an eligible and compliant site.

C. It is also the purpose and intent of this chapter to reduce conditions that create public nuisances by enacting regulations including, without limitation, restrictions as to location, type, size, and operation of cannabis cultivation premises to more effectively control the adverse impacts on county residents and the environment associated with cannabis cultivation and other commercial cannabis activities.

D. It is also the purpose and intent of this chapter to develop reasonable regulations for non-commercial cannabis cultivation protected under State law to preserve the public peace, health, safety, and general welfare of the citizens of the county and the environment.

E. It is also the purpose and intent of this chapter to promote a robust and well-regulated cannabis industry in Calaveras County by regulating the testing, and distribution of cannabis and cannabis products.

F. Any ambiguity in this chapter should be construed in whatever manner best effectuates this intent.

G. Except when citing to various sections or past versions of this chapter, all references to laws and ordinances shall be interpreted as applying equally to any subsequent amendments made to such laws and ordinances.

Unless the context clearly indicates a different meaning, the definitions in this section are intended to apply to this chapter only. Any term which is not specifically defined for purposes of this chapter shall have the definition, if any, provided by Title 17 of the Calaveras County Code or elsewhere within the county code.

A. "A-type" has the same meaning as "A-license" in B&P § 26001.

B. "Accessory use" or "accessory" has the same meaning as in county code Chapter 17.43.

C. "Adoption of this chapter" means the day on which the board of supervisors votes to adopt this chapter.

D. "Applicant" means a person who has submitted an application for a cannabis activity permit pursuant to this chapter.

E. "B&P" means California Business and Professions Code.

F. "Cannabis" shall have the same meaning as it does in B&P § 26001. "Cannabis" shall also include "cannabis products" as defined in B&P § 26001, which includes both "edible cannabis products" as defined in B&P § 26001 and topical cannabis, meaning a cannabis product that is applied to the skin.

G. "Cannabis activity permit" means a permit issued under this chapter authorizing cannabis commerce in the form of distribution or testing, or a permit authorizing cannabis cultivation, each as defined and provided for in this chapter.

H. "Cannabis distribution" shall have the same meaning as "distribution" in B&P § 26001.

I. "Cannabis manufacturing" shall have the same meaning as "manufacture" in B&P § 26001.

J. "Cannabis processing" shall have the same meaning as "processing" in 3 CCR § 8000.

K. "Canopy" shall have the same meaning as it does in 3 CCR § 8000 except that it shall also apply to immature cannabis cultivated by nurseries.

L. "Carbon dioxide equivalent" or "C02e" means the number of metric tons of C02 emissions with the same global warming potential as one metric ton of another greenhouse gas, and is calculated using Equation A-1 in 40 CFR Part 98.

M. "Caregiver" or "primary caregiver" shall have the same meaning as it does in H&S § 11362.7.

N. N. "CCR" means California Code of Regulations.

O. "Child resistant" shall have the same meaning as it does in B&P § 26001.

P. "Clerk" shall mean, unless otherwise specified, clerk of the office of county hearing officer.

Q. "Code" or "county code" means the Calaveras County Municipal Code.

R. "Co-location" means multiple premises on a single parcel.

S. "Commercial cannabis activity," or "cannabis activity," refers to the cultivation, manufacture, distribution, laboratory testing, transport, storage, possession, processing, labeling, dispensing, sale, or other activities involving cannabis that are subject to state licensure under the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), state regulations implementing MAUCRSA, and their subsequent amendments.

T. "Cannabis cultivation permit" or "cultivation permit" means a permit issued under this chapter to state-licensed commercial cannabis premises within the county, thereby allowing the cultivation to occur at that location by an applicant.

U. "Costs of enforcement" or "enforcement costs" means all costs, direct or indirect, actual or incurred related to the performance of various administrative acts required pursuant to the enforcement of this chapter, which include but are not limited to: administrative overhead, salaries and expenses incurred by county officers and enforcement officers, site inspections, investigations, evidence storage, notices, telephone contacts and correspondence, as well as time expended by county staff in calculating the above expenses. The costs also include the cost of time and expenses associated with bringing the matter to hearing, the costs associated with any appeals from any decision rendered by any hearing body, hearing officer or court, the costs of executing an abatement warrant, and all costs associated with removing, correcting or otherwise abating any violation, including costs of collecting administrative penalties of this chapter.

V. "County" means the County of Calaveras.

W. "Cultivation" shall have the same meaning as it does in B&P § 26001, whether referring to commercial or non-commercial cannabis.

X. "Cultivation activity" means activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, whether referring to commercial or non-commercial cannabis.

Y. "Cultivation site" shall have the same meaning as it does in 3 CCR § 8000.

Z. "Delivery" shall have the same meaning as it does in B&P § 26001.

AA. "Dispensing," "dispensary," or "cannabis dispensary" refers to the premises from which a cannabis retailer, as defined in B&P § 26070, conducts commercial activities related to the retail sales and delivery of cannabis, as well as the actions involved in conducting such activities. "Cannabis dispensary" also has the same meaning as it does in Chapter 17.43 of the Calaveras County Code.

BB. "Distribution" shall have the same meaning as it does in B&P § 26001.

CC. "Distributor permit" or "cannabis distributor permit" shall mean and refer to a local permit issued under this chapter authorizing distribution of cannabis under a state license. This permit type is distinct from the authorization provided in Section 17.18.050.E for activities allowed under a state issued self-distribution license as described in 16 CCR § 5315(c). A county issued Distributor Permit may be "general" (allowing the full scope of activities the state allows under a Type 11 license), "transport only" (allowing the full scope of activities the state allows under a Type 13 license) or "limited" (as further described in Section 17.18.050.F.8, authorizing the full scope of activities the state allows under a Type 11 license but restricting the permittee to distribution only of his/her own cannabis cultivated under a separate cultivation permit.

DD. "Distributor" shall have the same meaning as it does in B&P § 26070.

EE. "Division of cannabis control" shall mean the county division of cannabis control charged with implementation of this chapter.

FF. "Dwelling," for purposes of this chapter, means a building intended for human habitation that has been legally established, permitted, constructed, and for which a certificate of occupancy has been issued as a single-family or multi-family dwelling.

GG. "Effective date" means the date on which the ordinance adopted by the board of supervisors goes into effect pursuant to the Government Code § 25123. However, "effective date," when referring to a fee, means the date on which the fee is in effect and can be collected pursuant to Government Code § 66016 et seq.

HH. "Enforcement officer" or "enforcement official" means a county code enforcement officer, the county agricultural commissioner, the county Sheriff, or a department head who is authorized by county code to enforce this title or other title of the Calaveras County Code, or the authorized deputies or designees of any of these officials, each of whom is independently authorized to enforce this chapter.

II. "H&S" means California Health and Safety Code.

JJ. "Immature" has the same meaning as it does in 3 CCR § 8000.

KK. "Indoor cultivation" shall have the same meaning as it does in 3 CCR § 8000.

LL. "Labeling" shall have the same meaning as it does in B&P § 26001.

MM. "Land disturbance" shall have the same meaning as it does in Attachment A to the State Water Resources Control Board's Cannabis Cultivation Policy.

NN. "M-type" shall have the same meaning as "M-license" in B&P § 26001.

OO. "Manufacture" or "manufacturing," when referring to medical cannabis, has the same meaning as it does in B&P § 26001.

PP. "Mature" has the same meaning as it does in 3 CCR § 8000.

QQ. "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

RR. "Medical cannabis" shall have the same meaning as "medicinal cannabis" as defined in B&P § 26001.

SS. "Minor" or "minors" means a person or people under twenty-one years of age. "Minor" or "minors" does not include a person or people between eighteen and twenty years of age who use medical cannabis in compliance with the Compassionate Use Act (CUA), Medical Marijuana Program Act (MMPA), and MAUCRSA.

TT. "Mixed-light cultivation" shall have the same meaning as it does in 3 CCR § 8000.

UU. "Multi-family dwelling" is a "dwelling" containing multiple private residences.

VV. "Non-commercial cannabis" or "non-commercial," as used in this chapter, refers to any cannabis cultivation within the restrictions of Section 17.18.050.C.

WW. "Non-medical cannabis" refers to all cannabis that is not "medical cannabis".

XX. "Nursery," when referring to cannabis, shall have the same meaning as it does in 3 CCR § 8000.

YY. "Outdoor cultivation" shall have the same meaning as it does in 3 CCR § 8000.

ZZ. "Owner," or "landowner" when referring to the owner of the parcel, means the person(s) identified as the owner on the recorded deed for the parcel.

"Owner," when referring to a person holding an ownership interest in a cannabis operation, shall have the same meaning as it does in B&P § 26001.

AAA. "Parcel" means any unit of real property that may be separately sold in compliance with the subdivision map act (commencing with § 66410 of the Government Code).

BBB. "Park" means a parcel or parcels of land owned and operated by a public agency, fraternal organization, or non-profit organization, which contains an outdoor area that is open to the public and devoted to recreational uses such as sports fields, picnic areas, and playgrounds.

CCC. "Permittee" means a person that has been issued a permit under this chapter to engage in a cannabis activity within the unincorporated areas of Calaveras County.

DDD. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group, combination, or business entity acting as a unit, whether organized as a non-profit or for-profit entity, and includes the plural as well as the singular number.

EEE. "Personal cultivation" means that cultivation of cannabis for personal use that is allowed under MAUCRSA and the provisions of this chapter.

FFF. "Plant" has the same meaning as "live plants" in B&P § 26001 and its subsequent amendments.

GGG. "Possessing" or "possession," when referring to cannabis, has the same meaning as it does for purposes of the Health and Safety Code.

HHH. "Premises" has the same meaning as it does in B&P § 26001.

III. "Primary caregiver" shall have the same meaning as it does in H&S § 11362.7.

JJJ. "Private residence" means a "dwelling" as defined in this chapter; or an individual unit of a multi-family dwelling; or a temporary dwelling as provided in Chapter 17.23 of the County Code to the extent it houses victims eligible for relief due to a currently declared disaster.

KKK. "Processor" shall have the same meaning as it does in 3 CCR § 8201.

LLL. "Retailer" shall have the same meaning as it does in B&P § 26070.

MMM. "Security fencing" means fencing at least six feet in height with a lockable gate that is reasonably designed and installed to prevent unauthorized entry by trespassers and children. Security fencing made of plastic material shall not be penetrable by a knife.

NNN. "Separation" means the horizontal distance that is required between a cultivation site or parcel and the parcel boundary of a sensitive use, as required in Section 17.18.090.Q.

OOO. "Setback" means the horizontal distance that is required between a cannabis cultivation site and the nearest property line of a parcel that is not owned or leased by the permittee.

PPP. "State" means the state of California.

QQQ. "State license," shall mean a state license issued pursuant to California Business and Professions Code Section 26000 et seq.

RRR. "Testing" or "laboratory testing," when referring to cannabis, has the same meaning as "testing laboratory" as defined in B&P § 26001.

SSS. "Testing permit," or "cannabis testing permit," shall mean a local permit issued under this chapter authorizing testing of cannabis under a state license.

TTT. "Total canopy area" means the gross area of all canopy on the premises.

UUU. "Transport," "transporting," or "transportation," refers to the transporting of cannabis and cannabis products between holders of state-issued licenses under MAUCRSA.

VVV. "Utility-provided water" means water service provided to the parcel by a water district or similar entity providing water from a surface or ground water source and regulated by the state of California or the county of Calaveras. It does not mean an entity that uses vehicles to transport water to a property.

WWW. "Validated" means the division of cannabis control has determined and noted on the commercial cannabis activity permit that a permittee has met all permit conditions to the point where commercial activities may commence or be re-activated on the premises as described in Section 17.18.080. With respect to use permits, it also refers to the permit validation process described in Chapter 17.27 of the county code.

A. It is intended that the provisions of this chapter will supersede any other provisions of the Calaveras County Code found to be in conflict and shall apply regardless of whether the activities existed or occurred prior to the adoption of this chapter.

B. For the purpose of informing the applicable state agencies that a licensure applicant and their associated premises are eligible to participate in the county's cannabis cultivation and commerce program as described in this chapter, a letter of conditional authorization from the county shall be issued by the division of cannabis control if the applicant currently meets all eligibility criteria in Section 17.18.050.D except for subsections 8 and 9 for cultivation and Section 17.18.050.F, except for subsections 3 and 4 for testing and distribution. A letter of conditional authorization is not a substitute for a permit under this chapter and does not itself authorize any commercial cannabis activities to take place in the county. If the permit is not timely validated, or if it is revoked, the county will issue a subsequent letter rescinding the conditional authorization and informing the state that permittee is no longer eligible to participate in the commercial cannabis cultivation or commerce activity in the county.

C. Nothing in this chapter is intended nor shall it be construed to preclude a landlord from limiting or prohibiting cannabis cultivation, smoking, or other related activities by tenants within the limits of State and local law, whether the cannabis activity is commercial or non-commercial. If the division of cannabis control receives a written revocation of landowner consent to a commercial cannabis activity permit, the planning department shall send written notice to the permittee at the mailing address provided on the permit application. The commercial cannabis activity permit shall be automatically revoked thirty days after the planning department mails this notice.

D. No cannabis cultivation activity or premises (or any portion thereof) shall be deemed "agriculture," "agricultural," "agriculturally," "agribusiness," "agritourism," "farm," or "farming" for any purpose in which these words are used—either alone or in conjunction with other words or phrases—in any portion of Titles 6, 14, 15, 16, or 17 of the Calaveras County Code except as expressly provided in this chapter. In addition, no cannabis cultivation premises shall be deemed a "home occupation" as that term is used in this title 17.

E. Cannabis cultivation shall not form the basis for any person to apply with the county to enter into a Williamson Act contract pursuant to California Government Code Section 51200 et seq.; however, a landowner who otherwise qualifies for a Williamson Act contract due to another qualifying agricultural operation on the property at issue shall not be denied a Williamson Act contract solely because cannabis is also cultivated on the property.

F. The burden of proving the accuracy of parcel, premises, or cultivation site boundaries for the purpose of establishing whether or not a parcel, premises, or site at which a cannabis activity will be conducted meets the setback, separation, size, or locational requirements, or any other provision of this chapter for which a determination of parcel or cultivation site boundaries might be determinative shall be borne by the applicant/permittee and not by the county. In the event of a dispute, evidence sufficient to satisfy this burden of proof shall require, at a minimum, a survey performed by a person licensed to practice surveying in the state of California.

All cannabis cultivation and all commercial cannabis activities, except as provided in Section 17.18.050, Allowable Cannabis Activities, as well as other standards of this chapter, are unlawful in all zones and a public nuisance that may be abated and subject to enforcement pursuant to Section 17.18.160, Enforcement; Fines; Liability to Pay Costs and Fines, and Chapter 8.06, Property Maintenance and Administrative Enforcement Procedures, of the county code. This section shall not affect the right to use or possess cannabis as authorized by state law.

The following cannabis activities are allowed:

A. Dispensaries/Retailers. A lawful, permitted cannabis dispensary (retailer) operating in compliance with MAUCRSA and Chapter 17.17, Cannabis Retailers.

B. Transportation by State-Licensed Out-Of-County Distributors to and from Locally Permitted Cannabis Dispensaries and Commercial Cannabis Cultivators.

1. The lawful transportation of cannabis by an out-of-county licensed cannabis distributor (holding a current, valid Type 11, Type 12, or Type 13 license or similar temporary or provisional license pursuant to MAUCRSA) to or from a State-licensed and locally permitted cannabis dispensary (retailer) in compliance with MAUCRSA and with Chapter 17.17, Cannabis Retailers.

2. The lawful transportation of cannabis by an out-of-county licensed cannabis distributor (holding a current, valid Type 11, Type 12, or Type 13 license or similar temporary license pursuant to MAUCRSA) to or from a State-licensed and locally permitted cannabis cultivation premises in compliance with MAUCRSA and this chapter.

C. Non-Commercial Cannabis Cultivation. The non-commercial cultivation of non-medical cannabis by person(s) aged 21 or older, or the non-commercial cultivation of medical cannabis by person(s) aged 18 years or older in compliance with state law is exempt from the permit requirements of this chapter, provided that such cultivation complies with state law and with all the following requirements:

1. Not more than six live cannabis plants may be cultivated per private residence, regardless of:

a. Whether the cannabis is medical or non-medical;

b. Whether the cannabis is grown inside the private residence or in an accessory structure thereto or outdoors on the grounds of a residence;

c. The size or maturity of the plant(s); or

d. The number of non-medical users, medical users, or primary caregivers residing together in the private residence.

2. An outdoor non-commercial cannabis cultivation site shall be set back a minimum of seventy-five feet from the closest property line separating parcels that are not contiguously owned.

3. Indoor non-commercial cannabis cultivation sites shall be in full compliance with all other applicable requirements of the county code, the lighting requirements of Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions, California Building Standards Code, and applicable state laws and local fire district ordinances.

4. No cultivation is permitted within the common areas of a multi-unit dwelling, residential development, mobile home park, or similar residential arrangement.

5. The cannabis plants and any cannabis produced by the plants shall be kept in a space fully enclosed by security fencing or a structure, and securely locked, using a child resistant lock, in a manner designed to reasonably prevent access to the cannabis by trespassers and children. The plants shall not be visible by normal unaided vision from a public place, as required by Health and Safety Code Section 11362.2.

6. There shall be at least one dwelling as defined in this chapter (or a temporary dwelling as provided in Chapter 17.23, Post-Disaster Recovery, on any parcel on which non-commercial cannabis is cultivated.

7. Each person cultivating non-commercial cannabis shall maintain their residence in a dwelling on the parcel on which the cultivation occurs.

D. Commercial Cannabis Cultivation. The commercial cultivation of cannabis by applicants who meet all the following criteria:

1. The applicant:

a. Timely submitted an application for commercial cannabis cultivation registration under the terms of the May 10, 2016 version of this chapter, or held a medical cannabis dispensary use permit under Chapter 17.17, Cannabis Retailers, as enacted in 2005;

b. Did not withdraw the application or have it denied or revoked by the county;

c. Applied for a temporary cultivation license from the state by June 7, 2018 for the cultivation site identified in Section 17.18.050.D.1(a), and either received that license or was denied the license only because of the county's subsequent cultivation ban;

d. Never had the temporary license for that premises suspended or revoked by THE State.

2. The applicant, if applying for an outdoor or mixed-light cultivation permit, owns a parcel or contiguous parcels, or leases all or part of a parcel on which they apply to cultivate, conforming to the following requirements:

3. The applicant, if applying for an indoor cultivation permit, owns or leases a parcel conforming to the following requirements:

4. The applicant has and maintains notarized written landowner consent to engage in commercial cannabis cultivation activities on the parcel.

5. The applicant has never owned or leased a parcel at a time when cannabis was eradicated from it by the county pursuant to a warrant issued by the superior court.

6. The applicant has never:

a. Received a citation from the county for unlawful cultivation pursuant to Section 8.06.700, of the county code, or

b. Provided written consent for some other person or entity to cultivate cannabis on a parcel owned or co-owned by the applicant, followed by that other person or entity receiving a citation from the county for unlawful cultivation pursuant to Section 8.06.700, of the county code.

c. This does not apply if the person or entity who received the citation was subsequently exonerated by the county or an appropriate appellate authority.

7. The person or entity is not delinquent in paying any county taxes, fees, or penalties due on any commercial cannabis activity within the county.

8. The person or entity applies for and receives the appropriate type of commercial cannabis cultivation permit required under this chapter.

9. The person or entity has and maintains a county business license for the premises.

10. The person or entity and the premises are and remain in compliance with all applicable provisions of the county code.

11. The person or entity is and remains in compliance with all applicable provisions of MAUCRSA and all applicable state regulations implementing MAUCRSA.

12. The premises are able to meet the operating restrictions described in Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions, for the type of permit applied for.

13. If cultivating indoors on a parcel with zoned professional office (CP), the person or entity has a current, valid permit pursuant to Chapter 17.17, Cannabis Retailers, and is and remains in compliance with all provisions of that chapter.

14. The number of cultivation permits any one person or entity may apply for under this chapter shall be restricted to the number of premises for which that person or entity met the criteria described in Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions, except that:

a. The person or entity may transfer some or all their rights to apply as described in this section to a successor-in-interest who qualifies, and whose premises qualifies, with all provisions of this chapter except for Section 17.18.090, Commercial Cannabis Cultivation Operating Restrictions; or

b. The person or entity may acquire additional rights to apply from those who have them but do not wish to exercise them; and

c. The applicant shall have the burden of establishing to the satisfaction of the division of cannabis control how many premises he/she/it has a right to apply for pursuant to this section.

15. Any person who meets the eligibility criteria under Section 17.18.050.D or who has acquired eligibility pursuant to Section 17.18.050.D.14 or Section 17.18.100 may, in addition to applying for these permit types, also apply for one cannabis processor permit from the division of cannabis control.

16. Any unexercised right to apply for a cultivation permit, whether held by an applicant who meets the eligibility criteria under Section 17.18.050.D.1 or an applicant who has acquired eligibility pursuant to Section 17.18.050.D.14, that has not been utilized as part of a complete application submitted under Section 17.18.060 on or before October 22, 2024, shall expire as of that date. This sunset date does not affect any other portion of Chapter 17.18, now or as may be amended, including but not limited to transfer of permits (Section 17.18.100), alterations or expansion of premises (Section 17.18.110), relocation of permitted premises or changes to parcel boundaries (Section 17.18.120).

E. Self-Distribution of Commercial Cannabis.

1. A person who receives a commercial cannabis cultivation permit under this chapter, and who also receives a state self-distribution license as described in 16 C.C.R. § 5315, may engage in the activities allowed under the self-distribution license so long as these activities involve only that cannabis lawfully cultivated pursuant to the applicant's county cannabis cultivation permit.

2. The premises for which the state self-distribution license is obtained shall be located on the same parcel for which a county commercial cannabis cultivation permit has been issued.

3. Self-distribution activities may only be conducted by a permittee whose commercial cannabis cultivation permit has been and remains validated.

4. A permittee engaging in self-distribution activities as provided in this section shall provide to the Calaveras County Sheriff all transport vehicle information to the full extent that it shall be provided to the state under 16 C.C.R. § 5312.

5. A permittee engaging in self-distribution activities as provided in this section shall comply with all transport personnel requirements of California Code of Regulations, Title 16, Section 5313 and with all shipping manifest requirements of California Code of Regulations, Title 16, Section 5314.

6. A permittee engaging in self-distribution activities as provided in this section shall comply with all transport personnel requirements of 16 C.C.R. § 5313 and with all shipping manifest requirements of 16 C.C.R. § 5314.

F. Testing or Distribution of Commercial Cannabis Cultivation. The testing and distribution of cannabis by applicants who meet all of the following criteria:

1. The applicant owns or leases a parcel conforming to the following requirements:

2. The premises utilized for cannabis testing and/or distribution meets the separation requirements set forth in Section 17.18.090.Q, with the terms "testing" or "distribution" substituted for "cultivation" for purposes of this subsection.

3. The person applies for and receives the appropriate type of commercial cannabis distributor or testing permit required under this chapter.

4. The person has and maintains a county business license for the premises.

5. The person and the premises are and remain in compliance with all applicable provisions of the county code.

6. The person is and remains in compliance with all applicable provisions of MAUCRSA and all applicable state regulations implementing MAUCRSA.

7. The premises are able to meet the operating restrictions described in Section 17.18.080 for the type of permit applied for.

8. A limited distributor permit may be issued on parcels zoned A1, AP, GF, RA, and CP only under the following circumstances:

a. A commercial cannabis cultivation permit has been issued and validated by the county on the same parcel for which the limited distributor permit application has been made.

b. Distribution is limited to the cannabis cultivated on the same parcel or on an adjacent parcel or parcels by the same permittee who has applied for the distributor permit.

c. The limited distribution premises shall meet the setback requirements of Section 17.18.090.1.

d. Notwithstanding subsections a. and b., if a limited distributor has permits for additional cannabis cultivation sites in the county, the limited distributor may engage in limited distribution activities between all of his/her sites under a single limited distribution permit.

9. No more than five general distribution permits will be issued by the county at any one time. Applications will be processed on a first-come, first-served basis pursuant to an application process developed by the division of cannabis control.

A. All applicants for a cannabis activity permit pursuant to this chapter shall submit a complete application on a form(s) developed by the county's division of cannabis control. The division of cannabis control shall develop criteria for what information and documents shall be submitted to constitute a complete application for a commercial cannabis activity permit, but at a minimum, the application shall conform to the requirements of this section.

B. Cultivation. An applicant for a commercial cannabis cultivation permit shall submit an application demonstrating compliance with the provisions of this chapter, including the following requirements and information:

1. Contact information for the permittee and, if different, the landowner.

2. An emergency contact who can be reached on a 24/7 basis and who can quickly provide access to the premises in the event of an emergency.

3. Written landowner consent.

4. A fully executed indemnification agreement as described in Section 17.18.210.

5. The property diagram submitted, or to be submitted, to the state pursuant to 3 CCR § 8105.

6. The premises diagram submitted to or to be submitted to the state as part of the cultivation plan pursuant to 3 CCR § 8106, for each state-licensed premises to be included as part of the county permit.

7. Written consent to inspections by enforcement officials.

8. An application fee.

9. For an applicant requiring a conditional use permit pursuant to Section 17.18.050.D.2, a complete conditional use permit application and application fee, which shall be processed as a separate application, pursuant to Chapter 17.31, in addition to the application required under this chapter.

10. For an applicant or landowner other than an individual, adequate evidence of signature authority.

11. Greenhouse Gas (GHG) emissions offsets.

a. For outdoor or mixed light cultivation, evidence of a reduction in annual GHG emissions equivalent to a one-time offset of 17.2 metric tons of CO2e (carbon dioxide equivalent) for construction-related emissions for each twenty-two thousand square feet or portion thereof of total canopy area.

b. For indoor cultivation, evidence of a reduction in annual GHG emissions equivalent to a one-time offset of 11.3 metric tons of CO2e for construction-related emissions.

c. As an alternative to subsection a or b, above, evidence of a reduction equivalent to the construction GHG emissions associated with the specific cultivation site, as calculated using an ARB-accepted model/technique. Evidence of the offsets required may include, but is not limited to, the following, in order of preference:

i. Evidence of photovoltaic panels on structures on the premises along with a written determination by a qualified professional that solar is a feasible means of generating power on the applicant's premises (based on factors such as roof orientation and shade).

ii. Evidence that a well pump used to supply irrigation water to the premises is powered by photovoltaic cells.

iii. Documentation that offset credits of metric tons of CO2e associated with construction of the new outdoor commercial grow site have been obtained, including the loss of carbon-sequestering vegetation. The offset credit must be issued by an ARB approved offset project registry.

12. For applicants who are exempt or conditionally exempt from State Water Resources Control Board's Cannabis Cultivation General Order No. WQ 2019-0001-DWQ or its subsequent amendments because land disturbance on the premises does not exceed two thousand square feet, a complete administrative use permit application and administrative use permit application fee, which shall be processed as a separate application in addition to the application required under this chapter. This provision shall not apply to applicants proposing to cultivate cannabis indoors or to applicants for a processor permit in existing, permitted structures.

C. Distribution and Testing. An applicant for a cannabis distributor permit or cannabis testing permit shall submit an application demonstrating compliance with the provisions of this chapter, including the following requirements and information:

1. Contact information for the permittee and, if different, the landowner.

2. An emergency contact who can be reached on a 24/7 basis and who can quickly provide access to the premises in the event of an emergency.

3. Written landowner consent.

4. A fully executed indemnification agreement as described in Section 17.18.210.

5. The premises diagram submitted to or to be submitted to the state pursuant to 16 CCR 5006.

6. The operating procedures submitted to or to be submitted to the state as part of the cannabis distribution or testing application pursuant to 16 CCR § 5002, including but not limited to the transportation, inventory, quality control, security, and delivery procedures.

7. Written consent to inspections by enforcement officials, which may be conducted randomly without prior notice or by first notifying the permittee.

8. For an applicant or landowner other than an individual, adequate evidence of signature authority.

9. The person has and maintains a county business license for the premises and cannabis activity.

10. For an applicant requiring a use permit pursuant to Section 17.18.050.F.1, a complete conditional use permit or administrative use permit application and application fee, which shall be processed as a separate application within the county planning department, pursuant to Chapter 17.31 or 17.30, in addition to the application required under this chapter.

11. Applications for commercial cannabis distributor and testing permits shall not be accepted by the division of cannabis control until the effective date of the applicable permit application fee.

A. No permit for commercial cannabis activities shall be issued until the division of cannabis control receives:

1. A complete application pursuant to Section 17.18.060.

2. Evidence of a site inspection conducted by an enforcement official resulting in a finding that the premises and parcel satisfactorily comply with the provisions of this chapter.

3. If applicable, a conditional or administrative use permit.

4. For a commercial cannabis cultivation permit, the following additional requirements apply:

a. If the applicant is seeking a permit for a premises located on a different parcel than the one that cultivation had been authorized on under the May 10, 2016 version of this chapter, evidence that the former cultivation site has been fully remediated in compliance with Section 17.18.130.

b. No premises located on a former cannabis cultivation site, as defined in Section 17.18.130 shall be permitted under this chapter until remediation per Section 17.18.130 is complete.

c. If the applicant is relying on one or more wells as a water source for the commercial cannabis activity, a written report shall be prepared on behalf of the applicant by a state licensed A-1 general contractor, C-57 well drilling contractor, 6-61/D-21 limited specialty contractor — machinery and pumps, registered environmental health specialist, registered geologist, hydrogeologist, or professional civil engineer. The report shall estimate the average daily water use of the operation during the months of July through September and demonstrate adequate water utilizing a twenty-four-hour, or as recommended by a state certified hydrologist or registered geologist, pumping test of the well(s) conducted after a minimum of eight hours of non-operation of the well pump. The report shall provide an assessment of the well's static water level, production capacity, and recovery rate. To demonstrate an adequate supply of water, the well shall recover within twenty-four hours. Recovery means that the water level has returned to within ninety percent of the static water level measured prior to the test.

d. A cash deposit or surety bond of five thousand dollars to cover the costs of destruction of cannabis or cannabis products, and clean-up of the site of trash, debris, or other wastes from the commercial cannabis operation if necessitated by a violation of permit requirements.

e. Payment of the road impact mitigation (RIM) fee pursuant to Chapter 12.10 of the county code.

B. A cannabis activity permit may be issued by the division of cannabis control to an eligible applicant with an eligible premises who has not yet received a state license; but the permit will not be validated, and commercial cannabis activities will remain prohibited on the premises, until:

1. The division of cannabis control receives a copy of the applicant's state license to conduct cultivation, distribution, or testing of cannabis on the premises, including but not limited to any conditions or restrictions imposed by the state, and

2. The division of cannabis control verifies that all permit eligibility criteria and, if applicable, permit conditions have been met.

The following requirements apply to all cannabis testing or distribution in the county:

A. Cannabis permits for testing or distribution will be issued for premises rather than parcels, and a permitted premises shall have the same boundaries as the premises for which the state license is issued.

B. A permitted premises shall, at all times, be in full compliance with MAUCRSA, state regulations implementing MAUCRSA, and all conditions of the permittee's state cannabis license for the same premises. Permittees shall have a continuing duty to notify the division of cannabis Control and sheriff within three business days of:

1. Any modification of their state-issued distributor or testing license or of any denial, suspension, revocation, or non-renewal of the license.

2. Any modification to any of the information provided in the application materials provided to the division of cannabis control pursuant to Section 17.18.060.C.

C. Reserved.

D. A physical copy of the shipping manifest shall be maintained during transportation and shall be made available upon request to law enforcement or any agents of the state or county charged with enforcement of this chapter. The shipping manifest shall be sufficiently detailed and include all of the information required by 16 CCR § 5314, and a physical copy must be made available to an enforcement officer upon request during the transport of cannabis.

E. Distribution facilities shall maintain appropriate records of transactions and shipping manifests. An organized and clean method of storing and transporting cannabis and cannabis products shall be provided to maintain a clear chain of custody.

F. The driver of a vehicle transporting cannabis and cannabis products shall be the permittee themselves, or directly employed by the permitted cannabis distributor pursuant to 16 CCR § 5313(b).

G. All vehicles utilized by a permitted distributor for transportation of cannabis shall be registered with the Calaveras County Sheriff's Office, together with the vehicle description and plate numbers, and California driver's license information for individuals transporting cannabis. The division of cannabis control shall provide a registration form for this purpose.

H. The permittee shall provide the name, physical address, mailing address, contact phone number and written consent, on a form provided by the division of cannabis control, of a willing, competent adult individual who permanently resides within thirty miles of the site to serve as a twenty-four-hour emergency contact for law enforcement, fire, utility, and county personnel and who has the means and authorization to provide these personnel access to the site in an emergency. Changes to this contact person and/or information shall be reported in writing to the division of cannabis control within three business days of any change.

I. Permittees shall notify the Calaveras County Sheriff's Office of any theft, loss, or criminal activity as required under 16 CCR § 5036.

J. The permit holder shall secure the premises in accordance with the security plan submitted to and approved by the state as part of their licensure application, a copy of which shall be submitted to the sheriff.

K. The permit holder shall not, without the written pre-approval of the director of cannabis control (and, as required by law, the state licensing body), materially or substantially change or alter the premises, the usage of the premises, or the mode or character of business operation conducted from the premises. A "material or substantial" physical change to or change in use of the premises shall include, but not be limited to, a substantial increase or decrease in the total area of the licensed premises previously diagrammed, or any other physical modification resulting in substantial change in the mode or character of business operation. Should a modification or alteration require a change to the permit holder's state license, the revised license shall be provided to the division of cannabis control within three business days of its issuance.

L. Any armed security personnel employed by the permittee to patrol the parcel shall be registered by the California Bureau of Security and Investigative Services. Notice that armed security is or will be employed on the parcel shall be provided to the county sheriff's office.

M. All lighting provided in conjunction with facility security or other lighting not associated with the cultivation of live plants shall be installed, directed downward and away from nearby property lines, and shielded to confine all direct rays of light within the boundaries of such facilities.

N. Storage facilities for cannabis distribution activities in CP, C2, M1, M2 and M4 zones shall use a filtered ventilation system which relies on activated carbon filtration, negative ion generation, and/or other odor control mechanism demonstrated to be effective in reducing cannabis odors, and which is installed and maintained so that cannabis odors cannot be detected by a person of average sensitivity outside the structure in which cannabis is stored.

O. If the division of cannabis control receives a written revocation of landowner consent to a cannabis activity permit, the division shall send written notice to the permittee at the mailing address provided on the permit application. The cannabis commerce permit shall be automatically revoked thirty days after the division of cannabis control mails this notice.

P. For a permittee authorized to conduct cannabis distribution who is required to comply with Section 17.18.050.F.8, continued and strict compliance with said provision shall be an operating restriction on the permit.

Q. The posting requirements of Section 17.18.090.X shall apply to all distribution premises.

(Ord. No. 3214, § 2, 1-28-2025)

The following requirements apply to all commercial cannabis cultivation in the county:

A. Commercial cannabis cultivation permits will be issued for premises rather than parcels, and a permitted premises shall have the same boundaries as the premises for which the state commercial cultivation license is issued.

B. A permitted premises shall, at all times, be in full compliance with MAUCRSA, state regulations implementing MAUCRSA, and all conditions of the permittee's state commercial cannabis license for the same premises.

C. An outdoor cultivation permittee shall not have more than one acre of total canopy area per permit, regardless of whether the permittee's state license allows for more.

D. A mixed-light cultivation permittee shall not have more than twenty-two thousand square feet of total canopy area per permit, regardless of whether the permittee's state license allows for more.

E. An indoor cultivation permittee shall not have more than ten thousand square feet of total canopy area per permit regardless of whether the permittee's state license allows for more.

F. Co-location of multiple permitted premises on a parcel is permissible if the following criteria are met:

1. For outdoor or mixed light cultivation, there shall be no more than one acre of total canopy size per 20 acres of parcel size.

2. For indoor cultivation, there shall be no more than five premises per parcel.

3. The premises and parcel shall meet all conditions of this chapter.

4. The parcel is zoned A1, AP, GF, M1, M2 or M4.

5. Co-location setbacks.

a. For co-located cultivation in excess of one acre of total cultivation area, the cultivation sites within the parcel shall be at least one hundred fifty feet from the closest property line of parcels that are not owned or leased by the owner(s) of the parcel containing the co-located cultivation sites. Setbacks shall be measured from the perimeter of the co-located premises to the closest property line of parcels that are not contiguously owned or leased by the permittee.

b. The setback requirement described in subsection a., above, shall not apply to the first permitted premises on a parcel so long as the cultivation permit for that premises was issued prior to the county having received any applications for cultivation permits for additional premises to be located on the same parcel.

c. The cultivation sites of a "first permitted premises" as described in subsection b., above, shall be at least seventy-five feet from the closest property line of parcels that are not owned or leased by the owner(s) of the parcel containing the co-located cultivation sites.

6. Co-location of processor premises outside of industrial (M) zones is prohibited.

G. All owners and workers, as these terms are defined in Chapter 9.22 of the county code, shall have and maintain a current, valid cannabis background clearance badge, as defined in Chapter 9.22, whenever engaging in any commercial cannabis activity on the premises and shall comply with all provisions of Chapter 9.22.

H. The premises shall be in full compliance with all other applicable requirements of state law and the county code, including but not limited to the building, safety, sanitation, labor, and technical codes and requirements relevant to obtaining necessary building, plumbing, electrical, mechanical, grading, or other permits, inspection of structures requiring permits, and, as appropriate, the issuance of certificates of occupancy. All structures on the premises shall be permitted as required by Title 15 of the county code. "Structures," for purposes of this paragraph, shall have the same meaning as it does in California Health and Safety Code § 18908.

I. The following minimum setback shall apply to all cultivation sites located on A1, AP, GF, and RA zoned land:

1. Seventy-five feet;

2. Notwithstanding subsection (I)(1), 150 feet for co-location of cultivation sites as provided in Section 17.18.090.F, and for parcels adjacent to parcels of less than 20 acres zoned RR, R1, R2 and R3;

3. Setbacks shall be measured from the perimeter of the cultivation sites to the closest property line of parcels that are not contiguously owned or leased by the permittee.

J. Indoor cultivation premises located on M1, M2, M4 and CP zoned land shall comply with the setback requirements and measurement criteria of the parcel's zone.

K. No cultivation is permitted within the common areas of a multi-family dwelling, residential development, mobile home park, or other similar residential arrangements.

L. Whenever the premises contains cannabis, the cultivation site shall be fully enclosed by security fencing or a structure and shall be securely locked, using a child resistant lock, in a manner designed to reasonably prevent access to the cannabis by trespassers and children. Unaccompanied minors shall not be allowed on or within cultivation site at any time cannabis is present there. If there is both medical and non-medical cannabis on the cultivation site, the more restrictive definition of "minor" shall apply.

M. Lighting.

1. Lighting used for the purpose of growing live plants shall comply with state and local law requirements, and shall be covered at all times between sunset and sunrise in a manner that wholly prevents light from escaping.

2. All lighting provided in conjunction with facility security or other lighting not associated with the cultivation of live plants shall be installed, directed downward and away from nearby property lines, and shielded to confine all direct rays of light within the boundaries of such facilities.

N. Generators.

1. No generator shall be used for any cultivation activities, including pumping, except as an emergency backup to another power source. The term "emergency," for purposes of this provision, means a temporary outage of the primary power source due to circumstances that are verifiably beyond the permittee's control and unrelated to non-payment of a utility or other vendor providing or servicing the primary power source.

2. The permittee shall have the burden of establishing that there was a verifiable "emergency" requiring the use of a generator.

3. Any generator providing temporary, emergency power to the premises shall be:

a. Set back a minimum of seventy-five feet from the closest property line separating parcels that are not contiguously owned or leased;

b. In compliance with the county's noise ordinance; and

c. Permitted by the building department if required by a county or state standard. Permitted installations shall be inspected for compliance prior to any use.

O. Soil amendments, pesticides, herbicides, rodenticides, fungicides, fertilizers and other hazardous materials shall be used, stored, and disposed of in full compliance with federal, state, and local laws.

P. Permittees shall comply with all laws, including but not limited to all federal, tribal, state, regional, district, and local laws and regulations relating to water, wetlands, riparian issues, stream, timber, wildlife waste and wastewater disposal, weights and measures, and fire safety.

Q. Commercial cultivation shall provide separation of one thousand feet from the cultivation site or six hundred feet from the property line, whichever is greater, from any of the following sensitive uses in existence at the time the permit is issued:

1. A park.

2. A school providing instruction in kindergarten or any grades 1 through 12, as defined by state law.

3. A day care center, as defined by state law.

4. A youth center, as defined by state law.

5. For an outdoor or mixed-light premises, a state scenic highway or national scenic byway.

6. The county central library and its branches.

Depending on which measurement is used, the distance shall be measured in a straight line from the property line of the sensitive use to the closest premises cultivation site boundary or to the closest property line of the parcel containing the premises.

R. The premises shall be located within a single designated area of the parcel(s) on which it is located.

S. There shall be no camping or sheltering in violation of county code Section 17.25.080, on any parcel on which cannabis is cultivated pursuant to this chapter except as provided in Chapter 17.23 of the county code (to the extent the camping or sheltering houses victims eligible for relief due to a currently declared disaster).

T. Permittees shall not sublet any portion of the permitted premises.

U. Permittees shall have a continuing duty to notify the division of cannabis control and sheriff within three business days of:

1. Any modification of their state-issued commercial cultivation license or of any denial, suspension, revocation, or non-renewal of the license.

2. Any modification to any of the application materials provided to the division of cannabis control pursuant to Section 17.18.060.

V. Permittees shall notify the Calaveras County Sheriff's Office of any theft, loss, or criminal activity as required under 3 C.C.R. § 8409.

W. Outdoor Cultivation Posting Requirements.

1. Outdoor cultivation permittees shall ensure that the most current permit issued by the division of cannabis control is weatherproofed and visibly and clearly posted within ten feet of the ingress to the premises.

2. The permit shall be posted between four and six feet above the ground on a durable, rigid, and rectangular signboard of no less than eighteen inches per side containing reflective material sufficient to allow an enforcement official to readily locate it with a flashlight after dark.

3. If multiple premises are contained within a single fenced cultivation site, all permittees with premises on that cultivation site shall additionally post the permit within their premises boundaries per subsections 1 and 2, above.

X. Indoor Cultivation and Processor Posting Requirements.

1. Indoor cultivation and processor permittees shall ensure that the most current permit issued by the division of cannabis control is visibly and clearly posted in the structure containing the premises so that it can be readily noticed by an inspector entering the structure.

2. If multiple premises are contained within a single indoor cultivation site, all permittees with premises in that cultivation site shall additionally post the permit within their premises boundaries per subsection 1, above.

Y. Any armed security personnel employed by the permittee to patrol the parcel shall be registered by the California Bureau of Security and Investigative Services and shall not operate within the setback areas established by this chapter. Notice that armed security is or will be employed on the parcel shall be provided to the county's designee.

Z. Indoor commercial cultivation sites shall use a filtered ventilation system which relies on activated carbon filtration, negative ion generation, and/or other odor control mechanism demonstrated to be effective in reducing cannabis odors, and which is installed and maintained so that cannabis odors cannot be detected by a person of average sensitivity outside the structure in which cannabis is cultivated.

AA. If a sulfur burner or carbon dioxide enhancement equipment will be used at an indoor or mixed light commercial cultivation site, a warning to this effect shall be prominently posted beside all exterior doors into the structure containing the cultivation site.

BB. Permittees shall maintain enrollment for coverage as required under the State Water Resources Control Board's Cannabis Cultivation General Order No. WQ 2019-0001-DWQ or its subsequent amendments based on the maximum land disturbance that will potentially occur on the premises under the permit. Permittees who are exempted or conditionally exempted from the general order based on land disturbance under two thousand square feet shall be required to apply for and receive an administrative use permit. This provision shall not apply to applicants proposing to cultivate cannabis indoors in existing, permitted structures.

CC. The permittee shall notify the division of cannabis control within seventy-two hours of any change to the permittee's or emergency contact's contact information.

DD. The permittee shall not burn any cannabis waste, as that term is defined in 3 CCR § 8108, and shall comply with all cannabis waste provisions described therein.

EE. The permittee shall, one time each year for the first five years after receiving the initial permit, and one time in the seventh year after receiving the initial permit, repeat the well testing procedure described in Section 17.18.070.A.4(c) for each well serving as a source of water for the commercial cannabis activity and obtain reports as described in that section for each well, which shall be submitted to the county's designee as a condition of permit continuation under [Section] 17.18.140. Ground water adequacy tests conducted pursuant to this section shall be conducted between August 1 and October 31 of each year. Reports submitted to the county's designee shall be made available for public inspection and copying consistent with state law. If the county determines that a report or any portion thereof cannot be publicly disclosed, it shall explain the authority and reasons for withholding it from disclosure.

FF. The use of vehicles to transport water to a parcel for cultivation shall be prohibited except as an emergency backup to another water source. The term "emergency," for purposes of this provision, means a temporary outage of the primary water source due to circumstances that are verifiably beyond the permittee's control and unrelated to non-payment of a utility or other vendor providing or servicing the primary water source.

GG. All premises boundaries shall be clearly demarcated so that an enforcement official inspecting the parcel and/or cultivation site can readily determine where each premises begins and ends, and the demarcation shall be maintained so that it remains clearly visible by an enforcement official at any time of day and in any season.

A. Commercial cannabis activity permits issued pursuant to this chapter may be transferred to a permittee's successor-in-interest only in accordance with this section, only with respect to the same premises, and only provided that the successor-in-interest is, except for the specifications set forth in Section 17.18.050.D.1 when concerning a cultivation permit, otherwise eligible under this chapter for the permit being transferred.

B. The successor-in-interest shall submit a complete cannabis activity permit transfer application developed by the division of cannabis control and have the application approved and permit validated by the division of cannabis control before the successor-in-interest may commence commercial cannabis activities on the premises.

C. The commercial cannabis activity permit transfer application shall be processed ministerially and shall apply to transfers of commercial cannabis activity permits regardless of whether or not a conditional use permit (CUP) or administrative use permit (AUP) was required for the permit. The terms of any CUP or AUP that had been required for the initial permit shall be transferred as-is to the successor-in-interest unless the successor-in-interest proposes a change in the use of the premises that requires an amendment to the CUP or AUP.

D. If the successor-in-interest's property and/or premises diagram submitted to or to be submitted to the state per 3 CCR § 8106 differs from the property and/or premises diagram submitted by the prior permittee pursuant to Section 17.18.060, the successor-in-interest shall be required to additionally apply for an alteration of premises pursuant to Section 17.18.110.

E. The board of supervisors shall, by resolution, establish fees for processing cannabis cultivation, distributor, and testing permit transfer applications, and no transfer application shall be accepted by the division of cannabis control until the effective date of the applicable fee.

A. If a permittee wishes to expand the size of an existing premises or alter the existing premises in a way that will require a change to the property diagram and/or premises diagram submitted pursuant to Section 17.18.060, the permittee shall, before commencing the alteration or expansion:

1. Submit a complete application to alter/expand premises or change permit type developed by the division of cannabis control and have that application approved and validated.

2. If an alteration or expansion of the premises will require the permittee to obtain state approval of a physical modification pursuant to 3 CCR § 8205 or 16 CCR § 5027, submit a complete copy of the state's notification of approval.

B. If a permittee wishes to change from one type of commercial cannabis activity permit to another while keeping the premises located on the same parcel, the permittee shall, before commencing any activities that require a different permit:

1. Submit a complete application to alter/expand premises or change permit type developed by the division of cannabis control and have that application approved and validated.

2. If a change in permit type will require the permittee to obtain state approval of a physical modification to the premises pursuant to 3 CCR § 8205 or 16 C.C.R. § 5027, submit a complete copy of the state's notification of approval.

3. If a change in permit type will require the permittee to obtain a new or amended state license for the premises, submit a complete copy of the new or amended license, including but not limited to any additional restrictions or conditions imposed on it by the state.

C. The application to alter/expand premises or change permit type shall be processed ministerially. However, if a cannabis activity on the premises is subject to a conditional or administrative use permit, and the requested change to the premises or permit type exceeds the scope of the existing conditional or administrative use permit, the application to alter/expand premises or change permit type shall not be approved until the permittee applies for and receives a modification to the conditional or administrative use permit.

D. The board of supervisors shall, by resolution, establish a fee for processing an application to alter/expand premises or change permit type, and no application to alter or expand the premises shall be accepted by the division of cannabis control until the effective date of this fee.

A. If a cannabis activity permittee wishes to relocate the premises to a new parcel, or if the permittee wishes to alter or expand the premises in a manner that requires a change to the parcel boundaries, the permittee shall apply for, and, if qualified under this chapter, receive and have validated a new commercial cannabis activity permit under this chapter.

B. A new commercial cannabis cultivation permit shall not be issued to an applicant seeking to relocate a premises to a new parcel until the applicant's existing permitted premises has been fully remediated and restored as required by Section 17.18.130.

A. A "former cannabis cultivation site" or "site" for purposes of this section is that portion of a parcel on which any cannabis cultivation or related activities, whether legal or illegal, have occurred since May 10, 2016, regardless of whether or not anyone is or was lawfully residing on the parcel and regardless of whether or not the original cannabis cultivator retains physical or legal possession of the parcel.

B. The current legal owner(s) and former cultivator(s) of a parcel containing a former cannabis cultivation site, whether or not cannabis cultivation on the site was authorized under any version of this chapter, shall have a joint and several duty to take immediate steps to restore the site in a manner which prevents soil erosion and sediment run-off; visual blight; illegal diversion of water supply; contamination of soil; contamination of waters of the state from soil additives such as soil and mulch, amendments, and fertilizers; improper keeping, storage and/or disposal of rodenticides, fungicides, herbicides and pesticides; and improper keeping, generation, storage, or disposal of household waste, fuel and chemical containers, and/or other hazardous waste or materials which may cause harm to public health or the environment.

C. The current owner(s) of a parcel and former cultivator(s) on a parcel containing a former cannabis cultivation site shall additionally have a joint and several duty to take all of the following actions to remediate and restore the former cannabis cultivation site prior to approval of a commercial cannabis cultivation permit on the same parcel or by the same permittee on a different parcel:

1. All preparation and/or development of the site for future cannabis cultivation or related activities that are not permitted under this chapter shall cease, regardless of whether or not a grading permit, building permit, or other similar permit has been issued.

2. To the extent an unexpired permit exists for earthmoving activity, water diversion activity, waste discharge, timber harvesting, construction, or any other activity, and to the extent such unexpired permit imposes conditions for the site upon cessation of cannabis cultivation activity, these conditions shall be fully complied with.

3. To the extent that earthmoving activity, water diversion activity, timber harvesting, construction, or any other activity occurred on the site which requires a permit under local, state, or federal law, but for which a permit was never applied for or received, a permit shall be applied for and received, and its conditions shall be fully complied with, regardless of whether or not the unpermitted activity has ceased.

4. All remediation and restoration activities shall be performed in compliance with all applicable local, state, and federal rules and regulations.

5. Best management practices shall be employed to control soil erosion and protect water quality on the site.

6. Any unlawful diversion or use of water for cannabis cultivation on the site shall cease, and both the site and the streambed(s) or waterway(s) impacted by the diversion shall be restored to their pre-diversion state in compliance with all laws.

7. Soil amendments, pesticides, herbicides, rodenticides, fungicides, fertilizers and other hazardous materials shall be properly disposed of or stored as required by law.

8. All temporary structures placed on the site for purposes of cannabis cultivation or related activities, including but not limited to hoop houses and unpermitted greenhouses, recreational vehicles, outhouses, temporary structures for storage of equipment or supplies, and temporary fencing shall be removed and properly disposed of or permitted for permanent use.

9. All waste, including but not limited to household, commercial, and agricultural waste, fuel and chemical containers, and any other hazardous waste shall be properly collected and removed from the site in accordance with all laws to prevent a nuisance and public health hazard.

D. Former cannabis cultivation sites that existed prior to the adoption of the current version of this chapter shall be fully remediated and restored in compliance with this chapter by February 9, 2020.

E. The provisions of subsection C do not require restoration of the site to its pre-cannabis-cultivation condition but require the site to be remediated to a condition that allows for suitable subsequent use of the property.

A. After receiving validation of an initial cannabis activity permit under this chapter, all cannabis activity permittees shall submit payment in full to the division of cannabis control of an annual permit continuation fee at least thirty days before the anniversary of the permit validation the amount of which shall be determined by resolution of the board of supervisors.

B. Cultivation permits continuations shall be subject to the following additional requirements upon application for continuation under this section:

1. Submit evidence of an annual offset of 5.9 metric tons of CO2e for each twenty-two thousand square feet or portion thereof for outdoor or mixed light operations and 56.5 metric tons of CO2e for indoor operations for one year of operational emissions or a reduction equivalent to the annual operational GHG emissions associated with the specific cultivation site, as calculated using an ARB-accepted model/technique, and in the manner described in Section 17.18.060.B.11.

2. If applicable, submit the annual well report required per Section 17.18.090.EE demonstrating that either:

a. An adequate supply of water, as specified in Section 17.18.070.A)(4)(c), continues to be available for the operation; or

b. Provide evidence that an alternative water source has been procured for each well that is not determined to provide an adequate supply of water pursuant to Section 17.18.070.A.4(c).

c. Submit evidence that the surety required in Section 17.18.070.A.4(d) has been renewed or remains otherwise fully collectable by the county if the permittee failed to perform the covered obligations.

A. The division of cannabis control may revoke a cannabis activity permit issued under this chapter, and the county planning department may revoke an accompanying conditional or administrative use permit upon a determination at any time that there has been noncompliance with one or more of the provisions of this chapter and/or the conditions of the permit. The county's written determinations shall be served by mail to the last permittee address provided by the permittee, with a statement of factual and/or legal reasons for the determination.

B. Failure to timely pay fees established in this chapter shall be grounds for revocation of the cannabis activity permit.

C. If the permit is revoked pursuant to this section, the county's designee shall notify the applicable state agency pursuant to Business and Professions Code § 26200 as well as the Calaveras County Sheriff.

A. Inspections of the premises shall be conducted by county enforcement officials at least yearly, and may be conducted randomly, without prior notice, or by first notifying the permittee. The county may conduct additional inspections if determined necessary by enforcement officials. Inspections may continue to be conducted after denial of an application and during the pendency of any appeals to ensure compliance with the provisions of the chapter.

B. Whenever any enforcement official determines that a public nuisance as described in this chapter exists within the unincorporated county, he or she is authorized to utilize the enforcement, abatement, cost recovery, and administrative hearing provisions described in Chapter 8.06 of the county code, including, as necessary, the summary abatement provisions of that chapter. The county shall also have the right to utilize any injunction, enforcement, cost recovery, abatement or other administrative, criminal or civil remedy available to the county under applicable laws, including but not limited to the civil, criminal and administrative remedies provided in this chapter, Chapter 17.41 of the county code, Government Code § 25845, and MAUCRSA.

C. Any person that owns or occupies a residence or parcel upon which cannabis is cultivated, manufactured, tested, distributed or transported in violation of this chapter, or which otherwise violates any of the provisions of this chapter, may be subject to any and all remedies legally available to the county.

D. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the county to enforce county ordinances and regulations, or to employ any remedy available at law or equity.

E. In any enforcement action brought to enforce the provisions of this chapter, each parcel owner, permittee, and/or occupant who causes, permits, allows, or maintains unlawful cannabis activities shall be jointly and severally liable for all resulting administrative fines and for any and all actual costs of enforcement incurred by the county, in the event the county brings and prevails in any administrative proceeding, civil suit, or any other action to enforce the provisions of this chapter.

F. Cannabis activities in violation of this chapter shall be an infraction. Each plant found on any unlicensed premises in excess of that which is allowed for personal use pursuant to Section 17.18.050.C, and each plant found on any licensed premises that exceeds the amount allowed on the premises under this chapter, shall constitute an independent violation. Every violation shall be punishable as described in Government Code § 25132.

G. Each person violating this chapter shall be guilty of a separate offense for each and every day on which any violation of any portion of this chapter is committed, continued, or permitted by any such person.

H. In addition to fines for violations incurred under this section, parcel owners, permittees, and occupants shall be jointly and severally liable for administrative costs of enforcing abatement orders. Costs of enforcement, if not paid upon request, shall be the basis of an abatement lien recorded against the subject parcel pursuant to Government Code § 25845 and Chapter 8.06 of the county code.

I. Citations for violations of this chapter may be issued and served in accordance with expedited cannabis enforcement procedures under Section 8.06.700 et seq. of the county code.

J. Issuance of a warning shall not be a requirement prior to enforcement of any provision of this chapter. Cultivation of cannabis and other cannabis activities in violation of this chapter and any code violation that exists to facilitate the cultivation of cannabis in violation of this chapter may be subject to the immediate imposition of fines in accordance with Government Code § 53069.4. Citations for cannabis related code violations shall be served concurrently with citations for cannabis activities in accordance with § 8.06.700 et seq. of the county code.

A. This section applies to the denial or revocation of any permit described in this chapter except for appeals from such determinations involving conditional or administrative use permits, to which Section 17.27.140 of the county code or Section 17.18.050 of the county code would apply.

B. After an application has been denied or a permit revoked, an applicant wishing to appeal shall, within 15 days after service of the county's designee's written determination, submit a written request for an appeal to the division of cannabis control.

C. Any request to appeal submitted under the previous subsection shall be submitted on an appeal form approved by the county's designee. The appellant's written appeal shall state the alleged facts, considerations, or mitigating factors that warrant reversal of the county's designee's decision. The appeal form shall require, at a minimum, the following information:

1. The name of the appellant;

2. The primary telephone number of the appellant and/or the counsel for the appellant;

3. The mailing address of the appellant and/or counsel of the appellant;

4. The email address of the appellant and/or appellant's counsel, together with a notification that the appellant may elect to receive electronic service in lieu of service by mail of all documents associated with the appeal including staff reports, documents and evidence to be used by the county, correspondence from the clerk and orders after hearing; and

5. The factual and/or legal grounds for reversal of the county's designee's decision.

D. Appellants may attach additional briefs, documents, or other relevant matters, as needed, to the appeal form. The appeal form and attachments may be delivered in person, by mail, or electronically to the division of cannabis control, pursuant to procedures promulgated by the county's designee.

E. An appellant shall, concurrently with submission of the appeal, submit an appeal fee with the division of cannabis control in an amount calculated to recover the costs of the administrative hearing and the costs borne by division of cannabis control in preparing for and appearing at the hearing. The amount of the appeal fee shall be set by resolution of the board of supervisors. No appeal shall be processed without receipt of the appeal fee.

F. Further Consideration; Hearing Date.

1. Upon receiving a request for an appeal, the county's designee may, in his or her discretion, ask for additional documents or information from the applicant and may choose to reverse his or her decision. If the decision is reversed, the appeal fee shall be returned, less a processing fee, to the applicant and no hearing shall be scheduled.

2. If the county's designee chooses not to reverse the decision to deny an application or to revoke a permit after receiving the request for appeal, the division of cannabis control shall have the clerk set a hearing not less than twenty-one days and not more than forty-five days after the request for appeal was received by the division of cannabis control. The request for a hearing shall be made via email to the clerk.

G. Staff Reports and Appellants' Briefs.

1. The county's designee shall serve on the clerk and the appellant, at least ten days before the hearing, a staff report which states the factual and legal basis of the decision, a copy of the denial letter, appellant's appeal request, and any further documents or pleadings the county's designee wishes to provide in support of his or her decision to deny the application or revoke the permit.

2. Appellants may submit additional information for consideration of the hearing officer, with receipt no less than five days before the scheduled hearing, by:

a. Submitting it to the clerk in person at the county administrative office,

b. Mailing it to:

Clerk of the Office of County Hearing Officer

c/o County Administrative Office

891 Mountain Ranch Road

San Andreas, CA 95249, or

c. Emailing it to:

hearingofficer@co.calaveras.ca.us

d. Providing a copy to the county's designee.

H. If a party requests an appeal and fails to appear, the hearing shall be vacated and the decision of the county's designee shall become final. Failure to appear at an appeal hearing shall constitute failure to exhaust administrative remedies. The appeal fee shall not be refundable.

A. Except as specified in Section 17.18.170.A, appeals of application denials, permit revocations, and of enforcement actions pursuant to this chapter shall be heard before office of county hearing officer, which was established in Chapter 8.06 of the county code.

B. In addition to the powers enumerated in Government Code Sections 27721, 27722 and those powers specifically enumerated in Chapter 8.06 of the county code, a hearing officer shall have the power to:

1. Undertake de novo review of staff decisions and enforcement actions;

2. Reverse or uphold the assessment of administrative fines assessed pursuant to Section 17.18.160;

3. Reverse or uphold a decision by the county's designee to deny a cannabis application or revoke a permit.

4. Hearings shall be open to public observation, however, the hearing officer, in his or her discretion, may order closure of a hearing or make other protective orders to the extent necessary or proper for any of the following purposes:

a. To satisfy the United States Constitution, the California Constitution, federal or state statute, or other law, including but not limited to laws protecting privileged, confidential, or other protected information.

b. To conduct the hearing, including the manner of examining witnesses, in a way that is appropriate to protect a minor witness or a witness with a developmental disability, as defined in § 4512 of the Welfare and Institutions Code, from intimidation or other harm, taking into account the rights of all persons.

c. To ensure a fair hearing in the circumstances of the particular case.

5. Where a hearing is closed to public observation, the record of the proceedings shall be subject to the Public Records Act and no portion of the proceeding or any of the materials made part of the proceeding shall be exempt from public disclosure except as provided by law.

6. A hearing officer shall have the power in his or her discretion to grant continuances upon a showing of good cause.

a. A request for a continuance should be made in writing and received by the clerk at least five days before the scheduled hearing. The clerk shall forward the request to the hearing officer that has been assigned to the case, to staff and staff's assigned counsel, so that they may have an opportunity to agree to or object to the continuance and state grounds for any such objection. Objection shall be sent, in writing, and provided to the appellant, appellant's counsel and the hearing officer assigned to the case. All objections or communication with hearing officer shall be made through the clerk and no requests for continuance or objections to a continuance may be made ex parte to the hearing officer.

b. A fee, which shall be set by resolution of the board of supervisors, shall be assessed to recover the administrative and staff costs of rescheduling a hearing if a request for a continuance is not received by the clerk at least five days before the hearing and the request for continuance is granted.

A. Those parties who file a timely request to appeal, shall be given an opportunity, at an administrative hearing, to present and elicit testimony to contest any portion or all of the findings and orders made by the county's designee or code compliance officers in support of the decision or determination that is the subject of the appeal hearing. An attorney authorized to practice law in the state of California may represent any party to the appeal.

B. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The hearing officer may admit into the record all relevant evidence, including but not limited to incident reports, correspondence between county staff and applicants or permittees, the case notes of enforcing officers, affidavits of witnesses, and other materials deemed appropriate by the hearing officer. The hearing officer is not required to accept into the record evidence that is irrelevant to the matter before him or her. Where such documents or exhibits are rejected, the hearing officer may, in his or her discretion either:

1. Have the exhibits or documents briefly described in the record and returned to the party who proffered such evidence; or

2. Have such materials entered into the record as evidence not considered by the hearing officer.

C. Witnesses shall be sworn. The hearing officer may question witnesses at any time and recall them as necessary for further testimony.

D. All participants, including parties, counsel, and witnesses, will be expected to maintain a civil demeanor and to present only relevant evidence.

E. The hearing officer shall consider the matter de novo, shall exercise independent judgment in reviewing the evidence, and may affirm, reverse, or modify the decision or determination of the county's designee, or enforcing officers.

F. Ex parte communications, meaning communications between a hearing officer and a party to an administrative proceeding, shall be restricted as follows:

1. While the proceeding is pending, except as provided in subsection (F)(5) below, there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the hearing officer from any party or employee or agent of the division of cannabis control or other county staff that participated in the pre-adjudicative stage of a proceeding without notice and an opportunity for all parties to participate in the communication.

2. While the proceeding is pending, there shall be no communication direct or indirect regarding any issue in the proceeding to the assigned hearing officer by an appellant or other interested party without notice and an opportunity for all parties to participate in the communication.

3. For the purpose of this section, a proceeding is pending from the initiation of any county or department enforcement action or submittal of any request for appeal to the issuance of a final written decision by the hearing officer.

4. Communications concerning matters of procedure, practice, and requests for continuances shall be directed to the clerk. The clerk shall refuse to provide legal advice to appellants.

5. Notwithstanding subsection (F)(1), communications to a hearing officer from an employee or agent of the county are permissible in any of the following circumstances:

a. A written communication that is served on all parties to the hearing;

b. Any communication made on the record at the hearing in which the matter is being heard;

c. The communication involves a technical issue in the proceeding and the advice is necessary for, and is not otherwise reasonably available to, the hearing officer, provided the content of the advice is disclosed on the record and all parties are given an opportunity to address it in a manner required by subsection (F)(6).

6. If a hearing officer received a communication in violation of this section, the hearing officer shall make all of the following part of the record in the proceeding:

a. If the communication is written, the writing and any written response of the hearing officer; or

b. If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication.

7. Documents described in subsections (F)(6)(a) and (F)(6)(b), shall be delivered by mail or email to the clerk, the clerk shall disseminate the writing and any written response to all parties, and copies of the writing and any written response shall be scanned and placed in the case file.

G. Disqualification. A party to an appeal hearing may file a motion to disqualify a hearing officer where he or she has reason to believe that the assigned hearing officer is biased or prejudiced against the party or has a personal interest in the subject matter of the hearing.

1. A hearing officer has a disqualifying bias in the matter if any of the following conditions apply:

a. The hearing officer has represented one of the parties in the hearing in his or her capacity as a lawyer and the subject matter of the representation is relevant to hearing;

b. The party is a close friend or immediate family member of the hearing officer; or

c. The hearing officer has a direct pecuniary interest in the outcome of the hearing.

2. Without further evidence of bias, prejudice, or personal interest, the following shall not, alone, be grounds for disqualification:

a. The hearing officer is or is not a member of a particular racial, ethnic, religious, sexual, or similar group, and the proceeding involves the rights of a member of that group.

b. The hearing officer has experience, technical competence, or specialized knowledge of, or has, in any capacity, expressed a view on, a legal, or policy issue presented in the proceeding.

3. If a hearing officer has direct, personal, and specific knowledge of disputed material facts in a matter before him or her, and these facts are not generally known or publicly available, the hearing officer shall either disclose to the parties, on the record, the nature, scope, and source of such knowledge or recuse himself or herself from hearing the matter. If after receiving a motion for disqualification, the hearing officer denies the motion and declines to recuse himself or herself, he or she shall state the reason for such a decision into the record and include, in the final written decision, the grounds for denying the motion for disqualification.

A. The decision shall be in writing and shall include a statement of the factual and legal basis for the decision.

B. The statement of the factual basis for the decision may be in the language of, or by reference to, the staff reports or pleadings of the party(ies). If the statement is no more than mere repetition or paraphrase of the relevant statute or regulation, the statement shall be accompanied by a concise and explicit statement of the underlying facts of record that support the decision. If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the statement shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination.

C. Nothing in this section limits the information that may be contained in the decision, including a summary of evidence relied on.

D. Prior decisions of hearing officers are not binding and may not be relied upon, in and of themselves, as precedent limiting future decisions. Each matter should be determined on its own merits within the framework of applicable statutes, ordinances, or controlling published appellate court cases.

As a condition of issuing a permit for a commercial cannabis activity pursuant to this chapter, the applicant and, if different, the parcel owner shall execute a standard agreement provided by the county to defend, indemnify and hold harmless the county and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agencies, boards, planning commission or board of supervisors arising from the county's review and issuance of a permit for the site. The indemnification shall apply to any damages, costs of suit, attorney fees or other expenses incurred by the county, its agents, officers and employees in connection with such action.