Sec. 11.01. - Regulations generally.

This district classification is intended to be applied along main road and highway frontages at proper intervals and locations to provide necessary services for the traveling public in developments designed for safety, convenience and fitting appearance. The following specific regulations and the general rules set forth in Article 32 shall apply in all C-H districts.

Sec. 11.02. - Uses permitted.

(a)

Highway service types of commercial uses which, in the opinion of the planning commission, are of a character similar to the following: restaurants, motels, and travel trailer parks.

(b)

Outdoor advertising signs and structures which:

1.

Are located on or immediately adjacent to permitted commercial uses, and which pertain directly to the commercial use of the property.

2.

Do not exceed two square feet of total sign area for each lineal foot of frontage of the lot for all such signs on or at any such property.

Sec. 11.03. - Uses requiring use permits (major).

(a)

Uses permitted in R-1, R-2, R-3 and R-4 districts.

(b)

Gasoline service stations.

Sec. 11.04. - Minimum height, bulk and space requirements.

(a)

Lot Areas, Lot Width, Building Regulations: None.

(b)

Front yard Set-back: Fifteen feet.

(c)

Side yard Set-back: None, except as required by building code or other regulations.

(d)

Rear yard Set-back: Fifteen feet.

(e)

Building Height Limit: One story, but not to exceed thirty feet.

(f)

Off-street Parking: As required by Article 29.

Article 12. - M-1 Light Industrial District—Regulations.

Sec. 12.01. - Regulations generally.

The following specific regulations and general rules set forth in Article 32 shall apply in M-1 districts.

Sec. 12.02. - Uses permitted.

(a)

Uses permitted in C-G districts, except that dwellings, as defined herein, and hotels may be permitted only upon the approval of a use permit.

(b)

The following uses, provided that the use and storage of flammable and explosive materials shall be subject to appropriate safety regulations, and provided further that smoke, dust, noxious odors and fumes, and noise above the ambient level in the vicinity, be confined within the premises:

1.

Wholesale and storage warehouse.

2.

Feed and fuel yards.

3.

Manufacturing, processing, fabricating, repairing, packaging, and other such treatment of goods and materials, but not including operations involving fish fats and oils, bones and meat products, or similar substances commonly recognized as creating offensive conditions in the handling thereof, and so classified by the planning commission.

4.

Dyeing, dry-cleaning, and rug cleaning plants, laundries, veterinary hospitals, cabinet shops, and construction and building materials yards, but not including rock, sand, and gravel or concrete mixing operations, or open lumber yards.

5.

The following when conducted within a building or enclosed within a solid wall or fence not less than six feet in height, and of a type approved by the planning commission: welding and sheet metal shops, cooperage and bottling works, truck terminals, and lumber yards.

Sec. 12.03. - Minimum height, bulk and space requirements.

(a)

Lot Area, Width, Coverage and Front Yard: None.

(b)

Side Yard Set-back: None except as required by building code or other regulations.

(c)

Rear Yard Set-back: Five feet.

(d)

Loading Area: Private off-street space for the handling of all materials and equipment.

(e)

Building Height Limit: One hundred feet.

(f)

Off-street Parking: As required by Article 29.

Article 13. - M-2 General Industrial District—Regulations.

Sec. 13.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all M-2 districts.

Sec. 13.02. - Uses permitted.

(a)

Uses permitted in M-1 districts, except that dwellings, as defined herein, and hotels may be permitted only upon the securing of a use permit.

(b)

The following specific uses which shall be permitted only in M-2 districts.

1.

Wholesale lumberyards, lumber mills, grain elevators and storage.

2.

Pottery kilns and ceramic works of heavy industrial types.

3.

Concrete batch plants.

4.

Blacksmith shops, casting foundries.

5.

The following when enclosed within a solid wall or fence not less than six feet in height, and of a type approved by the planning commission:

(a)

Building material storage yard, contractors storage yard.

(b)

Junkyard, auto wrecking yard.

Sec. 13.03. - Uses requiring use permits (major).

Lawful uses not otherwise provided for in this ordinance.

Sec. 13.04. - Minimum height, bulk and space requirements.

(a)

Lot Area, Width, Coverage and Front Yard: None.

(b)

Side Yard Set-back: None except as required by building code or other regulations.

(c)

Rear Yard Set-back: None.

(d)

Building Height Limit: One hundred feet.

(e)

Off-street Parking: As required by Article 29.

Article 14. - M-L Limited Manufacturing District—Regulations.

Sec. 14.01. - Purpose of the district.

This district is designed to accommodate a limited group of business, professional, research and technical manufacturing uses that may have unusual requirements for space, light and air, and operations that are clean and quiet.

Sec. 14.02. - Regulations generally.

The following specific regulations and general rules set forth in Article 32 shall apply in all M-L districts.

Sec. 14.03. - Uses permitted.

(a)

Commercial and professional offices.

(b)

The following and similar uses in which noise, smoke, dust, odors, and other such offensive features are confined to the premises of such use:

Research institutes and laboratories.

2.

Electrical, small electronic and plastics and instrument manufacture.

3.

Bookbinding, printing, editorial, designing, lithography and cartography.

4.

Garment manufacture, paper products manufacture.

(c)

Underground utility installations and aboveground utility installations for local service, except that substations, generating plants, and gas holders must be approved by the planning commission prior to construction and the route of any proposed transmission line shall be discussed with the planning commission prior to acquisition.

Sec. 14.04. - Minimum height, bulk and space requirements.

(a)

Lot Area: Ten thousand square feet.

(b)

Front Yard Set-back: Twenty feet.

(c)

Side Yard Set-back: Twenty feet.

(d)

Rear Yard Set-back: Twenty feet.

(e)

Building Height Limit: Two stories, but not to exceed thirty-five feet.

(f)

Off-street Parking: As required by Article No. 29.

Article 15. - P-D Planned Development District—Regulations.

Sec. 15.01. - Regulations generally.

The following specific regulations and the general rules set forth in Article 32 shall apply in all P-D districts, except that where conflict occurs the regulations specified in this section shall apply.

Sec. 15.02. - Available locations.

P-D districts may be established on parcels of land which are suitable for, and of sufficient acreage to contain a planned development for which development plans have been submitted and approved.

Sec. 15.03. - Application for establishment.

Application for the establishment of a P-D district shall include an application for a use permit for all developments within the district. These use permits must be approved prior to construction of any structure within the district. Application P-D district shall include the following:

(a)

A map or maps showing:

1.

Topography of the land, contour intervals as required by the planning commission.

2.

Proposed street system and lot design.

3.

Areas proposed to be dedicated or reserved for parks, playgrounds, parkways, school sites, public or quasi-public buildings and other such uses.

4.

Areas proposed for commercial uses, off-street parking, multiple and single family dwellings and all other uses proposed to be established within the district.

5.

Proposed locations of buildings on the land.

(b)

General elevations or perspective drawings of all proposed buildings and structures other than single family residences.

(c)

Other data and information which may be deemed necessary by the planning commission for proper consideration of the application.

Sec. 15.04. - Uses Permitted.

(a)

All uses permitted in R, C, and M districts, subject to the securing of a major use permit specified in Section 32.01.

Sec. 15.05. - Building height limit.

As provided in approved use permit.

Sec. 15.06. - Building site area required.

"P" Uses: Six thousand square feet, provided however, that variations may be approved by the planning commission to permit conformity to topography and attractive design, and provided further that the average of such variations shall not result in a reduction of the basic ordinance requirements.

Sec. 15.07. - Front, side and rear yards and percentage of site coverage.

Same as required for the particular uses in the districts in which they are otherwise permitted by this ordinance, provided, however, that variations may be approved by the planning commission to permit conforming to topography and attractive design and provided further that the average of such variation shall not result in a reduction of the basic ordinance requirements.

Sec. 15.08. - Variances.

The regulations specified in this article may be varied when such variation will result in improved design of the development and will permit desirable arrangement of structures in relation to streets, parking areas, parks and parkways, pedestrian walks, waterways and other such features, and will not result in a total reduction of standards.

Article 16. - P-F Public Facilities District—Regulations.

Sec. 16.01. - Purpose of district.

This district classification is intended to be applied to properties that are properly used for, or are proposed to be used for, public purposes or for specified public utility purposes.

Sec. 16.02. - Regulations generally.

The following specific regulations and the provisions of Article 32 shall apply in all P-F districts:

(a)

Principal Permitted Uses:

1.

Public schools, parks and recreation areas, fairgrounds, civic centers and similar sites and uses, public highways, reservoir areas, historical sites and monuments.

Public utility facilities for local service.

3.

Sites and uses which the planning commission determines by written by findings are similar to the above.

4.

Uses and structures which are incidental or accessory to permitted uses.

(b)

Conditional Uses Requiring Use Permits (Major):

1.

Public and quasi-public cemeteries and similar uses.

2.

Airports, refuse disposal areas, corporation yards, sewage disposal sites.

(c)

Permitted Public Utility Uses: When the letter symbol "U" is added to the P-F symbol to create "Public Facility-Utility" districts, the following uses shall be permitted in such districts:

1.

Public utility warehouses and storage yards, pole yards, gas holders, substations, electric generating plants and transmission and distribution lines, provided that the route of any transmission line must be discussed in detail with the Planning Commission prior to acquisition of rights-of-way thereof.

2.

Public utility uses that the planning commission determines by written findings to be similar to the foregoing.

Article 17. - O-S Open Space District—Regulations.

Sec. 17.01. - Purpose of district.

This district classification is intended to be applied to properties which are found to be preserved in a natural state and/or to provide open space buffer areas in which uses are restricted to recreational, conservation or light agricultural types, and including accessory and public uses.

Sec. 17.02. - Regulations generally.

The following specific regulations and the provisions of Article 32 shall apply in all O-S districts:

(a)

Principal Permitted Uses:

1.

Measures to promote conservation of natural terrain and vegetation, and to reduce fire and erosion hazards.

2.

Riding and hiking trails, picnic sites.

3.

Public and private non-profit riding stables, parks, golf courses, tennis and swimming clubs.

4.

Crop and tree farming, grazing.

5.

Uses which the planning commission determines, by written findings, to be similar to the above.

(b)

Conditional Uses Requiring Use Permits (Minor):

1.

Living quarters for caretakers or watchmen.

Article 18. - F-W Floodway District—Regulations.

Sec. 18.01. - Purpose of district.

This district classification is intended for properties located within designated floodway areas as established by the California Reclamation Board, or to other such properties which constitute floodways, are subject to inundation, and upon which regulations are found necessary to permit the free flow of flood waters and to protect persons and property from flood hazards.

Sec. 18.02. - Regulations generally.

The following specific regulations and the provisions of Article 32 shall apply in all F-W districts and in addition be subject to the regulations as set forth in the City of Colusa Floodplain Management Ordinance No. 401.

(a)

Principal Permitted Uses:

Subject to state or federal regulations for designated floodways: grazing, crop and tree farming, and,

2.

Construction of levees and similar works for the protection or improvement of flowage and safety features.

(b)

Conditional Uses Requiring Use Permits (Major):

1.

Subject to state or federal regulations for designated floodways: Farm storage and animal and equipment shelter buildings other than residences, temporary or flood-proof recreational structures and facilities, parks, picnic areas, and uses which the planning commission finds are similar to the foregoing.

Article 19. - "A" Agricultural Combining Districts—Regulations.

Sec. 19.01. - Regulations generally.

The following uses shall be permitted and regulations shall apply in all districts which are combined "A" districts in addition to the regulations hereinbefore specified, and shall be subject to the provisions of Article 32.

Sec. 19.02. - Uses permitted.

(a)

All uses permitted in the respective district with which the "A" district is combined.

(b)

Animal husbandry and livestock farming, provided that not more than one horse, one mule, one cow, one steer, or five sheep shall be kept for each half acre of land.

(c)

Small livestock farming, provided that a use permit shall be required for the raising of more than one hundred head of either poultry or animals.

(d)

Sale of agricultural products produced on the premises, provided that no commercial structure for such purpose, other than a temporary stand, shall be permitted.

(e)

Farmworker housing.

(Ord. No. 505, § 27, 10-21-2014)

Sec. 19.03. - Uses requiring use permit (major):

(a)

Dog and cat kennel, private and commercial stables.

(b)

Dairy, poultry and rabbit slaughter and processing.

(c)

Veterinary hospital.

Sec. 19.04. - Special yards and distances between buildings.

Barns, stables, chicken houses and similar accessory buildings shall be not less than fifty feet from the front property line; not less than twenty feet from any side property line; not less than thirty feet from any dwelling.

Article 20. - "B" Special Building Site Combining District—Regulations.

Sec. 20.01. - Regulations generally.

In any district with which is a combined "B" district, the following regulations shall apply as to building site areas, depths of front yards, and widths of side yards; provided, however, that such application shall not be made in any case in which any of the following regulations are less than corresponding regulations hereinbefore specified for any district with which is a combined "B" district.

Sec. 20.02. - Special regulations.

(a)

Building Site Area Requirement: Shall be indicated by a number following the letter "B" in the district designation, which number shall represent the required area in thousands of square feet.

(b)

Side Yard Set-back Required: Ten percent of lot width on each side to a maximum requirement of fifteen feet, but in no case less than five feet for interior side yards or ten feet for side yards adjacent to streets on corner lots.

Article 21. - "CD" Special Civic District Combining District—Regulations.

Sec. 21.01. - Regulations generally.

In any district with which the "CD" district is combined, such district to be located around civic center, public parks, and public buildings and grounds as indicated upon the Zoning Map, no building permit for any proposed building or structure shall be issued until the planning commission shall have reviewed and

approved the plans for such building or structure to insure an orderly development in the vicinity of public sites and buildings within the district.

Article 21.5. - Cannabis Regulations.[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 559, § 1, adopted November 21, 2023, repealed the former Art. 21.5, §§ 21.5.01 —21.5.16, and enacted a new Art. 21.5 as set out herein. The former Art. 21.5 pertained to cannabis business use regulations and derived from Ord. No. 519, adopted July 18, 2017; Ord. No. 519, § 7(Exh. A), adopted July 18, 2017; Ord. No. 519, § 7(Exh. A), adopted July 18, 2017; Ord. No. 551, § 4(Exh. A), adopted May 17, 2022.

Sec. 21.5.01. - Commercial cannabis activity and cannabis dispensaries allowable zones; regulations generally.

(a)

Commercial cannabis business facilities (cultivation, nursery, manufacturing, production, testing, microbusiness) are permitted, only upon the approval of a cannabis business special use permit issued by the city council, in the following zones:

Article 12. M-1 Light Industrial District.

Article 13. M-2 General Industrial District.

Article 14. M-L Limited Manufacturing District.

(b)

Cannabis storefront dispensaries are permitted, only upon the approval of a cannabis dispensary special use permit issued by the city council, in the following zones:

Article 12. M-1 Light Industrial District.

(c)

Upon application for a cannabis business special use permit, to be approved directly by the city council without need for a recommendation from the planning commission, the following regulations shall apply as to building type and construction, safety, and security, required permits, and other relevant provisions necessary to protect the public health, safety, and welfare. In any district where a cannabis business facility is permitted, the regulations of this article shall apply in addition to those hereinbefore specified for such district, provided that if a conflict in regulations occurs the regulations of this article shall govern.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.02. - Purpose and intent.

Commercial cannabis activity facilities shall be permitted, in accordance with the criteria and procedures set forth in this Code, upon application and approval of a cannabis business special use permit and a regulatory permit, pertaining to the location and operation of the facility. The regulations set forth in this Article 21.5 and Chapter 12F of the Municipal Code shall control the location and operation of a cannabis business facility.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.03. - Commercial cannabis special use permit limitations.

Prior to, or concurrently with, application for a regulatory permit, the applicant shall apply for and be issued a cannabis business special use permit as required by this article and article 33, section 33.03 of this code. Information that may be duplicative in the two applications can be incorporated by reference. The cannabis business special use permit shall run with the regulatory permit and not the land.

(a)

Initial Maximum Amount of Cannabis Dispensary Permits. Upon the effective date of this provision, the city council may issue a maximum of up to one cannabis business special use permit to a qualified cannabis dispensary. The permit shall be issued in accordance with the application and permit approval process contained in this Chapter 12D and resolutions adopted pursuant to this chapter. The cannabis dispensary must obtain a cannabis regulatory permit from the city before commencing operations, must be in compliance with all applicable state and federal laws pertaining to its operation, including obtaining all necessary licenses from the state, and shall comply with all applicable operational and zoning requirements set forth in the city of Colusa Municipal Code. Nothing in this chapter creates a mandate that the city council must issue one or more cannabis business special use permit and regulatory permit to a cannabis dispensary if the city council determines that there are no qualified applicants, the proposed locations for cannabis businesses facilities are incompatible with neighboring land uses, or if the city council determines that the issuance of a cannabis dispensary would have a negative effect on the health, safety, or welfare of the citizens or businesses of the City of Colusa, or for any other reason allowed by law.

(1)

City Council Review and Increased Maximum Number of Cannabis Dispensaries Special Use Permits to be Issued. Eighteen months after the first cannabis business special use permit for a dispensary is issued, the city manager shall deliver a report to the city council during a regular meeting which examines the positive and negative impacts that the cannabis dispensary has had on the community during the preceding eighteen months. The report shall include, among other things, an analysis of how the cannabis dispensary has complied with state and local regulations, any positive or negative community and law enforcement impacts, and any revenue generated. If after hearing the report the city council makes a determination that there were no significant consequences of allowing cannabis dispensaries to operate in the city, the city council at its sole discretion may vote to expand the number of authorized cannabis dispensary special use permits to be issued up to a maximum of two. If the city council takes no action, or finds that the impacts are unacceptable, then the maximum number and type of cannabis dispensaries authorized shall continue to be limited to one as provided in subdivision (a) above.

(b)

All Other Commercial Cannabis Facilities. The planning commission may issue permits to other qualified commercial cannabis activity owners or operators to operate cannabis cultivation, manufacturing, distribution, transporting, or testing laboratory businesses within the City of Colusa through the application and permit approval process contained in this article (21.5), and resolutions adopted pursuant to this chapter. All commercial cannabis facilities must obtain a cannabis regulatory permit and certification of occupancy from the city before commencing operations, must be in compliance with all applicable state and federal laws pertaining to its operation, including obtaining all necessary licenses from the state, and shall comply with all applicable operational and zoning requirements set forth in the City of Colusa Municipal Code. Nothing in this chapter creates a mandate that the planning commission or the city council must issue one or more cannabis special use permit to a cannabis cultivator, manufacturer, distributor, transporter, or testing laboratory if the planning commission or the city council determines that there are no qualified applicants, the proposed locations for cannabis facilities are incompatible with neighboring land uses, or if the planning commission or the city council determines that the issuance of a cannabis special use permit would have a negative effect on the health, safety, or welfare of the citizens or businesses of the City of Colusa, or for any other reason allowed by law.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.04. - Commercial cannabis facilities.

Cannabis business facilities permitted under this article include facilities where cannabis is manufactured into cannabis products, tested, distributed, and may also include the associated activities of planting, growing, harvesting, trimming, grading, transporting, and legal retail sales that holds a valid cannabis business special use permit pursuant to this article, and a regulatory permit as required by this Code, subject to the provisions of the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (California Health and Safety Code Sections 11362.7 through 11362.83), the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, the Medical Marijuana Regulation and Safety Act (AB 243, AB 266, and SB 643), and all statutes and regulations promulgated to implement the AMUA, and any other state laws pertaining to cultivating cannabis.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.05. - Definitions.

"Applicant" means an owner that is applying for a city- and state-issued license.

"Business owner" means the owner(s) of the cannabis operation. An owner of the commercial cannabis business operation includes all of the following:

(1)

A person with an aggregate ownership interest of twenty percent or more in the commercial cannabis business, unless the interest is solely a security, lien, or encumbrance. For purposes of this section, "aggregate" means the total ownership interest held by a single person through any combination of individually held ownership interests in a commercial cannabis business activity and ownership interests in an entity that has an ownership interest in the same commercial cannabis business operation. For example,

a person who owns ten percent of the stock in a commercial cannabis business as an individual shareholder and one hundred percent of the stock in an entity that owns ten percent of the stock in the same commercial cannabis business has a twenty percent aggregate ownership interest in the commercial cannabis business.

(2)

An individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:

(A)

A member of the board of directors of a nonprofit.

(B)

A general partner of a commercial cannabis business that is organized as a partnership.

(C)

A non-member manager or managing member of a commercial cannabis business that is organized as a limited liability company.

(D)

The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.

(E)

The chief executive officer, president or their equivalent, or an officer, director, vice president, general manager, or their equivalent.

"Cannabis" or "marijuana" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other

compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this article, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. Cannabis and marijuana may be used interchangeably but shall have the same meaning.

"Commercial cannabis activity" or "cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of

cannabis and cannabis products in accordance with the definition in California Business and Professions Code Section 26001.

"Cannabis business" or "cannabis facility" means a cannabis business facility permitted under this chapter where commercial cannabis activity occurs and cannabis is manufactured into cannabis products, tested, and distributed, and may also include the associated activities of planting, growing, harvesting, trimming, and grading, and transporting, as further defined in section 21.5.04 above, but does not include storefront dispensaries, delivery only dispensaries, or cannabis microbusinesses.

"Cannabis business regulatory permit" or "regulatory permit" means the permit required under this article and Chapter 12F of this Code to operate a cannabis business facility, or to undertake any subcomponent of cannabis business which is done within the cannabis business facility by a subcontractor or tenant of the holder of a cannabis business special use permit.

"Cannabis dispensary special use permit" means a use permit issued by the City of Colusa pursuant to this section to a cannabis dispensary and is required before any cannabis dispensary activity may be conducted in the city.

"Cannabis Operation" means any and all cannabis business facilities permitted under this article where cannabis activity occurs, as defined in section 21.5.01.

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

"City" or "City of Colusa" means the City of Colusa, a California general law city.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of cannabis and cannabis productions in accordance with the definition in California Business and Professions Code Section 26001.

"Cultivation" and "commercial cultivation" are defined as: "Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including medical marijuana; and "commercial cultivation" means only state-licensed indoor facilities for cannabis cultivation consisting solely of processing (drying, curing, trimming, and packaging of) cannabis flower (corresponding with State CDFA Cultivation License Type for "Processor") or nursery operations (corresponding with State CDFA Cultivation License Type for "Nursery")

"Delivery" means the commercial transfer of cannabis or cannabis products from a dispensary, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any purpose. "Delivery" also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MAUSCRA (as the same may be amended from time-to-time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.

"Delivery only cannabis dispensary" or "delivery only retail cannabis business" means a dispensary that does not have a storefront sales facility open to the public for retail sales.

"Dispensary" or "retail cannabis business" means a cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis, and cannabis products as part of a retail sale.

"Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.

"Indoor" means within a fully enclosed and secure structure, including any attached or detached accessory structure, that complies with Colusa Municipal Building Code. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors and may be constructed of any approved building materials.

"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.

"Marijuana" means "cannabis," as that term is defined in this chapter.

"Medical cannabis," "medical marijuana," "medical cannabis product" or "medical cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time). For purposes of this chapter, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. The term "manufacture" includes the following processes:

(A)

Extraction;

(B)

Infusion;

(C)

Packaging or repackaging of cannabis products;

(D)

Labeling or relabeling the packages of cannabis products;

(E)

Post-processing refinement of cannabis extract ("post-processing"); and

(F)

Remediation of failed harvest batches or cannabis product batches, other than relabeling to correct cannabinoid content.

The term "manufacture" does not include the processes and activities listed in California Code of Regulations, Title 17; Division 1; Chapter 13. Manufactured Cannabis Safety; Subchapter 1. General Provisions and Definitions; Article 1. Definitions; section 40100. Definitions, subpart (dd)(2).

"Manufacturing" or "manufacturing operation" means all aspects of the extraction process, infusion process, post processing, remediation, and packaging and labeling processes, including processing, preparing, holding, and storing of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients.

"MAUCRSA" means the provisions of the Medicinal and Adult Use of Cannabis Regulation and Safety Act as set forth in Sections 5 and 7 of Article XI of the California Constitution and the Cal Bus & Prof Code Section 26000 et seq.

"Microbusiness" means a licensee that is authorized to engage in cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and a retailer.

"Non-commercial and recreational marijuana activity" means all uses not included within the definitions of cannabis business and cannabis dispensary, including the personal use, cultivation, or consumption of marijuana, whether medical or recreational.

"Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

"Operator" means the business owner and any other person designated by the business owner as responsible for the day-to-day cannabis operations.

"Ordinance" means the ordinance adopting this article, and including the terms of this article, which may be commonly referred to as the city's "cannabis ordinance".

"Outdoor" means any location that is not indoor within a fully enclosed and secure structure and includes shade structures.

"Chief of police" means the police chief of the City of Colusa or his or her designee.

"Premises" or "site" means the designated structure(s) and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

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

"Premises owner" means the fee owner(s) of the premises where cannabis operations are occurring.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling, in accordance with the definition in California Health and Safety Code Section 11362.2.

"Process," "processing," and "processes" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.

"Responsible party" shall mean the business owner, operator, manager(s), and any employee having significant control over the cannabis operations.

"Testing laboratory" or "Lab/Lab testing" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.06. - Minimum operational requirements and restrictions.

The following operational requirements and restrictions shall apply to all commercial cannabis businesses and cannabis dispensaries, also referred to herein as cannabis operations:

(a)

The Act and Other State Laws. The cannabis operations shall at all times be in compliance with the MAUCRSA and the implementing regulations, as they may be amended from time to time, as well as all required state license(s) under the MAUCRSA, and any other applicable state law.

(b)

Marijuana and Cannabis Products Consumption. No marijuana or cannabis products shall be smoked, ingested, or otherwise consumed on the premises. Adequate signage of this prohibition shall be displayed throughout the facility.

(c)

Alcoholic Beverages. No cannabis operation shall hold or maintain a retail license from the state department of alcohol beverage control to sell alcoholic beverages or operate a business that sells alcoholic beverages. In addition, alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.

(d)

Transportation. Transportation shall only be conducted according to activity permitted by state law.

(e)

Non-Cannabis Business Activity. No non-commercial or recreational marijuana activity shall occur on the premises.

(f)

Retail Sales. Storefront retail sales and non-storefront delivery only retail sales of any cannabis product are expressly prohibited without a valid city-issued cannabis dispensary regulatory permit and cannabis dispensary special use permit.

(g)

Minors. It shall be unlawful for any operator to employ any person who is not at least eighteen years of age, or any older age if set by the state.

(h)

Distance Separation from Schools. Cannabis operations shall comply with the distance separation requirements from schools as required by state law. In addition, a cannabis business operation shall not be located within one thousand two hundred feet from any existing school or proposed school site as identified in the general plan. Measurements shall be from the property boundary to property boundary. For purposes of this article, school means any public or private school providing instruction in kindergarten or grades 1—12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

(i)

Building and Related Codes. The cannabis operation shall be subject to the following requirements:

1.

The premises in which the cannabis operations occur shall comply with all applicable local, state, and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the building official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.

2.

The responsible party shall ensure that the premises have sufficient electrical load for the cannabis operations.

3.

Butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Colusa Fire Department shall inspect and approve the premises for use of the products prior to city's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement.

4.

The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the cannabis operations.

The operator shall comply with all environmental laws and regulations pertaining to the cannabis operations, including the use and disposal of water and pesticides, and shall otherwise use best practices in the handling and application of pesticides to avoid environmental harm.

(j)

Odor Control. Cannabis operations shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the facility that is distinctive to its operation is minimized to the greatest extent practical outside the premises, outside the building housing the cannabis operations, or anywhere on adjacent property or public rights-of-way. As such, cannabis operations must install and maintain the following equipment or any other equipment which the city's building official determines has the same or better effectiveness:

1.

An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally; or

2.

An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are minimized outside the cannabis facility.

3.

A city issued certificate of occupancy approving installed odor absorbing ventilation, proper exhaust air filtration, and any other odor control equipment, is required before cannabis operations commence.

(a)

Any cannabis operation that was existing, open, and operating within the city as of December 1, 2017, must file an application with the city for a certificate of occupancy. The certificate of occupancy constitutes a revocable privilege, which shall be subject to revocation/suspension of any issued cannabis special use permits.

(k)

Consumable Products. Cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain the appropriate approvals from the state department of public health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.

(l)

Secure Building. All cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures, and include material strong enough to prevent entry except through an open door. The precise building

construction and material to be used shall be identified and provided to the city prior to construction and provided with the application.

(m)

Premises Security. The following security conditions shall apply:

1.

Alarm system (both perimeter, fire, and panic).

2.

Remote monitoring of alarm systems.

3.

Perimeter lighting systems (motion sensor) for after-hours security.

4.

Perimeter security and lighting as approved by the police chief and community development director.

5.

Use of drive gates with card key access or similar to access the facility.

6.

Entrance areas to be locked at all times, and under control of a designated responsible party.

7.

Use of access control systems to limit access to growing and processing areas.

8.

Exterior and interior camera systems approved by the police chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points of the site from the interior, and be of a minimum five mega pixels in resolution.

9.

All security systems at the site must be attached to an uninterruptible power supply that provides twentyfour hours of continuous power.

10.

Security patrols by a recognized security company licensed by the California department of consumer affairs or otherwise acceptable to the police chief, in a time, place and manner to the satisfaction of the

police chief. All current contact information regarding the security company shall be provided to the police chief.

11.

Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.

12.

Electronic track and trace systems for cannabis products as approved by the police chief.

13.

Premises may be inspected, and records of the business owner audited by the city for compliance on a quarterly basis.

14.

State-of-the-Art network security protocols and equipment need to be in place to protect computer information.

15.

The foregoing requirements shall be approved by the police chief prior to commencing operations. The police chief may supplement these security requirements once operations begin, subject to review by the city council if requested by the business owner.

(n)

The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety, and general welfare of employees, patrons, surrounding properties, and the general public. The premises of the cannabis business shall not be maintained in a manner that causes a public or private nuisance.

(o)

Cannabis business operations permitted by this article shall only be allowed in the specific areas designated on the diagram and floor plan of the premises submitted with the application for the regulatory permit under Chapter 12F. The cannabis business shall not operate at any place other than the address of the cannabis operation stated in the regulatory permit.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.07. - Deliveries of supplies and transportation of cannabis products to cannabis businesses and dispensaries.

The following rules apply to deliveries and transportation:

(a)

Receiving of transported supplies to the premises of a cannabis business or dispensary shall only occur at the location shown on the diagram and floor plan on file with the city as part of the regulatory permit application. Delivery vehicles shall not have any markings indicating that deliveries are being made to a cannabis operation.

(b)

The transportation of cannabis samples and product to and from a cannabis business or dispensary shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the police chief.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.08. - Additional operational requirements and restrictions for cannabis businesses.

(a)

Signage. There shall be no signage or markings on the premises, or off-site, which in any way evidence that cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.

(b)

Public Access. There shall be no general unescorted public access to the premises of a cannabis business.

(c)

Hours of Operation. Cannabis business shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.09. - Additional operational requirements and restrictions for cannabis dispensaries and microbusiness.

(a)

Hours of Operation. Storefront cannabis dispensaries or cannabis microbusinesses may be open for access to the public only between the hours of 8:00 a.m. and 8:00 p.m. Monday through Sunday. Delivery only cannabis dispensaries may operate only during the hours specified in the business's cannabis dispensary use permit if any. If no specific hours of operation are stated in the delivery only use permit or regulatory permit, the delivery only dispensary shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances.

(b)

Signage shall be considered and approved with the cannabis special use permit.

(c)

No person or entity shall operate a cannabis dispensary within the City of Colusa without first obtaining a cannabis dispensary regulatory permit from the city. The regulatory permit shall be site specific and shall specifically identify the cannabis dispensary activities that will be allowed at that site. No cannabis dispensary activities will be allowed unless specifically identified in the regulatory permit.

(d)

Cannabis dispensaries shall comply with all requirements and shall be subject to all of the regulations set forth in this section, and sections 21.5.11 through 21.5.15 below.

(e)

The cannabis dispensaries shall prohibit on-site smoking, ingestion, or consumption of cannabis on the premises of the retail cannabis operation.

(f)

The term "premises" as used in this section includes the actual building of the retail cannabis business, as well as any accessory structures, parking areas, and the entire real property on which the retail cannabis business is situated.

(g)

Physician services shall not be provided on the premises.

[(1)]

The premises and building in which the retail cannabis operation is located, as well as the operations conducted therein, shall fully comply with all applicable building codes, all applicable State and Federal environmental laws, the Americans with Disabilities Act, the Act, program and guidelines; and the MAUCRSA, as may be amended from time to time.

(h)

A cannabis dispensary shall ensure that the limited-access areas can be securely locked using commercialgrade, nonresidential door locks. A licensee shall also use commercial-grade, nonresidential door locks on all points of entry and exit to the licensed premises.

(i)

Cannabis dispensary premises shall be alarmed with an alarm system that is operated and monitored by a properly licensed security company.

(j)

The cannabis dispensary shall hire or contract for security personnel who are at least twenty one years of age to provide on-site security services during hours of operation. Security personnel must be in uniform and readily identifiable. No security personnel shall be operating in an "undercover" capacity without prior notification to law enforcement. All security personnel shall be in possession of a state-mandated guard card and relevant endorsements as well as acquire a City of Colusa live scan identification.

(k)

All retail activity shall occur within a separate Cannabis dispensing area. No customers, qualified patients and/or primary caregivers shall be permitted to enter the dispensing area until proper identification is presented to the retail cannabis business staff. The entrance to the cannabis dispensing area and any storage areas shall be secured at all times, and under the control of cannabis dispensary staff;

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.10. - Cannabis business regulatory permit.

No person or entity shall operate a cannabis business within the City of Colusa without first obtaining a cannabis business regulatory permit from the city as set forth in Chapter 12F of the Municipal Code. The regulatory permit shall be site specific and shall specifically identify the cannabis business activities that will be allowed at that site. No cannabis business activities will be allowed unless specifically identified in the regulatory permit. In addition, all persons or entities who undertake any subcomponent of the cannabis business operations or processes performed as a subcontractor or tenant of the holder of a cannabis business special use permit within the cannabis business facility shall first obtain a cannabis business regulatory permit from the city.

(Ord. No. 559, § 1, 11-21-2023)

Sec. 21.5.11. - Fees and taxes.

All cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:

(a)

City Business License Fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes pertaining to business licensing.

(b)

Regulatory License Fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the feel shall be set by resolution of the city council and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.

(Ord. No. 559, § 1, 11-21-2023)