20.67 Commercial Cannabis Regulation

20.67.10 Intent And Application

20.67.20 Definitions

20.67.30 Environmental Review

20.67.40 Use Permit General Requirements

20.67.50 Retail Regulations

20.67.60 Manufacturing Regulations

20.67.70 Generally Applicable Cultivation Regulations

20.67.80 Regulations For Cultivation In A Districts 20.67.90 Regulations For Cultivation In M Districts 20.67.100 Use Permit Application

The intent of this Chapter is to protect the public health, safety and welfare through strong and effective regulatory and enforcement controls, to protect neighborhood character, and to minimize the potential negative impacts of commercial cannabis activity on people, communities, and the environment by establishing minimum land use controls. Within the Cannabis Business Combining District, commercial cannabis activity, as defined under Division 10 of the Business and Professions Code, may be permitted with a use permit, subject to the regulations governing the underlying zoning district, and the requirements for use permits set forth in this chapter.

• (Ord. 2018 010 § 2 (part) 2018)

For the purpose of this chapter, the following words and phrases shall be defined as follows:

1. “Cannabis” shall have the same meaning as set forth in Health and Safety Code Section 11018.

2. “Commercial cannabis activity” shall have the same meaning as set forth in Business and Professions Code § 26001.

3. “Cannabis Cultivator” shall mean a person required to be licensed to cultivate cannabis pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

4. “Cannabis Manufacturer” shall mean a person required to be licensed as a manufacturer pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

5. “Cannabis Microbusiness” shall mean a person licensed to conduct multiple commercial cannabis activities, as described in Business and Professions Code Section 26070.

6. “Cannabis Retailer” shall mean a person required to be licensed as a retailer pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code.

7. “Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

8. “Cultivation area” shall mean the designated area(s) at a licensed premises that will contain flowering plants at any point in time. The area shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point, including all of the space(s) within the boundaries. The area may be noncontiguous but each

unique area included in the total cultivation area calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden benches, hedgerows, fencing, garden beds or garden plants. If the mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total cultivation area calculation.

9. “Indoor cultivation” shall mean the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twentyfive watts per square foot.

10. “Outdoor cultivation” shall mean the cultivation of cannabis without the use of artificial lighting, or using artificial lighting at a rate below six watts per square foot, regardless of whether a structure is used or required as a condition of a use permit.

11. “Person” shall include any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.

12. “School” shall mean any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

13. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. 2018-013 § 2 (part), 2018: Ord. 2018-010 § 2 (part) 2018)

All use permit applications shall be reviewed by the Environmental Review Committee. The Committee will make preliminary environmental impact analysis of all use permit applications and will require from the applicant all information necessary to make recommendations to the planning commission.

- (Ord. 2018 010 § 2 (part) 2018)

1. Commercial cannabis activity shall not be allowed in the unincorporated area of Del Norte County without a use permit. Use permits to conduct commercial cannabis activity shall be governed primarily by this chapter. The procedures for use permits set forth in Chapter 56 of this title shall apply as well.

2. All commercial cannabis activity shall be subject to the following:

   1. Before commencing operation of a commercial cannabis activity, the permittee shall secure a license from the appropriate state licensing authority, pursuant to Division 10 of the Business and Professions Code. A copy of the license shall be provided to the Planning Division;

   2. The use permit shall expire one year from the date of issuance of the state license;

   3. The permittee shall be in compliance with all conditions of the state license and all state laws, any violation of which shall constitute a violation of the County Code;

   4. The permittee shall timely remit all taxes required by state or local law to the appropriate agency, and shall maintain all records necessary to determine the amount of tax owed, which

records the county shall have a right to inspect at all reasonable times;

5. The permittee shall post or cause to be posted on site the use permit and all required County and state permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport cannabis or cannabis products;

6. The permittee shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation at all reasonable times.

7. Before the Planning Commission approves any use permit for commercial cannabis activity, the Planning Commission shall hold a public hearing, noticed pursuant to Government Code §65091, shall make the following findings, and shall set forth the facts supporting its determination in writing:

   1. The applicant has demonstrated that it can and will comply with all requirements of the state and County to operate the proposed commercial cannabis activity;

   2. The proposed activity, as conditioned, will not result in significant unavoidable impacts on the environment;

   3. The operation plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering;

   4. The operation plan includes adequate security measures; and

   5. The proposed activity will have no likely or reasonably foreseeable negative effect on any sensitive land use in the surrounding area, regardless of physical distance from the subject property.

For the purpose of this section, sensitive uses include, but are not limited to, churches, schools, parks, public buildings, and healthcare facilities.

4. The Planning Commission may approve a renewal of a use permit issued pursuant to this Chapter, subject to the following:

   1. The permittee shall submit an updated operation plan containing all the elements set forth in Section 20.67.100;

   2. The permittee shall provide documentation that an application for renewal of the state license has been submitted to the appropriate state licensing authority;

   3. The permittee shall not have any outstanding fees, fines, or delinquent taxes owed to the county, nor any notice of nuisance recorded against the property in the preceding year; and

   4. The Planning Commission shall make the following findings at a public hearing noticed pursuant to Government Code §65091:

      1. The applicant has demonstrated that it can and will comply with all requirements of the state and County to operate the proposed commercial cannabis activity;

      2. The proposed activity, as conditioned, will not result in significant unavoidable impacts on the environment; and

      3. The operation plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering.

(Ord. 2020-007 § 2 (part), 2020: Ord. 2018-010 § 2 (part) 2018)

Cannabis retailers shall meet the following minimum requirements:

1. The use permit shall specify whether the permittee may sell adult-use cannabis or medicinal cannabis, as those terms are used in Division 10 of the Business and Professions Code.

2. A use permit shall not be issued for a cannabis retailer which is located within a 600-foot radius of a school or youth center. This requirement shall not apply to applications for use permit renewals.

3. No retailer, whether adult-use or medicinal, shall be located within a 200-foot radius of any other cannabis retailer.

4. The distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the school, youth center to the closest property line of the lot on which the subject cannabis retailer is located.

5. The retailer shall operate only in accordance with the operating plans reviewed and approved by the County. The County shall limit the hours of operation for a retail facility to begin no earlier than eight a.m. and to end no later than eight p.m.

6. Retailers shall not distribute any cannabis or cannabis product unless the cannabis and cannabis products are labeled and in a tamper-evident package in compliance with Section 26120 of the California Business and Professions Code and any additional rules promulgated by the licensing authority.

7. Retailers shall notify the Del Norte County Sheriff's Office and the licensing authority within twenty-four (24) hours after discovering any of the following:

   1. Significant discrepancies identified during inventory;

   2. Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the retailer;

   3. The loss or unauthorized alteration of records related to cannabis, patients, or retailer's employees or agents; or

   4. Any other breach of security.

8. Retailers shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products in compliance with Section 26070 of the California Business and Professions Code and any rules promulgated by the licensing authority. Security measures shall include, but are not limited to, the following:

   1. Prevent individuals from loitering on the premises of the retailer if they are not engaging in activity expressly related to the operations of the retailer;

   2. Establish limited access areas accessible only to authorized dispensary personnel;

   3. Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis and cannabis products used for display purposes, samples or immediate sale;

   4. Install security cameras on site.

(Ord. 2020-007 § 2 (part), 2020: Ord. 2018-010 § 2 (part) 2018)

1. Cannabis manufacturing shall be conducted using only nonvolatile solvents, or no solvents.

   1. “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. For the purposes of this section, carbon dioxide and ethanol are nonvolatile solvents, however, a use permit for manufacturing shall specify whether carbon dioxide or ethanol will be permitted.

   2. If the use permit allows the use of carbon dioxide or ethanol, the Planning Commission shall specifically address in its written findings the potential impacts of the use of those solvents.

2. A cannabis manufacturer shall not be located within a 600-foot radius of a school or youth center. The distances specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or youth center to the closest property line of the lot on which the subject cannabis manufacturer is located.

3. A cannabis manufacturer shall operate only in accordance with the operating plans reviewed and approved by the County.

4. A cannabis manufacturer shall notify the Del Norte County Sheriff's Office and the licensing authority within twenty-four (24) hours after discovering any of the following:

   1. Significant discrepancies identified during inventory;

   2. Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the manufacturer;

   3. The loss or unauthorized alteration of records related to cannabis, patients, or manufacturer's employees or agents; or

   4. Any other breach of security.

5. A cannabis manufacturer shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis. Security measures shall include, but are not limited to, the following:

   1. Prevent individuals from loitering on the premises if they are not engaging in activity expressly related to the operations of the retailer;

   2. Establish limited access areas accessible only to authorized dispensary personnel;

   3. Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis and cannabis products used for display purposes, samples or immediate sale;

   4. Install security cameras on site;

6. All employees of a cannabis manufacturing facility operating potentially hazardous equipment shall be trained on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure. In addition, employees handling edible cannabis products or ingredients shall be trained on proper food safety practices.

(Ord. 2020-007 § 2 (part), 2020: Ord. 2018-010 § 2 (part) 2018)

All commercial cannabis cultivation shall be subject to the following minimum requirements:

1. All cannabis cultivation shall be classified as either “indoor cultivation” or “outdoor cultivation,” as defined by this Chapter, and the classification shall be stated clearly on the use permit. Such designation shall serve as the basis for taxation pursuant to Title 3 of this Code.

2. A site-specific biological assessment or wetland delineation may be required as part of any use permit application.

3. A site specific water supply and water management plan shall be included in the permit application to ensure that sufficient water is available to serve the proposed cultivation without adversely affecting the water supplies of nearby users or to the environment. No permit shall be issued for any operation that proposes to source water through surface water diversion.

4. Cannabis cultivation shall not be a principally permitted use in any zone, and shall be afforded none of the protections provided to, and shall not be included in the definition of, “Agricultural Operations” pursuant to the Right-to-Farm Ordinance of Del Norte County, 7.42.10 et seq.

5. No use permit application for cultivation within the boundary of an Indian Reservation or Rancheria shall be considered complete unless is contains the express, written consent of the tribal government.

6. All lighting used for cultivation shall be completely shielded from sunset to sunrise.

7. Instead of the $15,000 bond required to be included in the permit application by Section 20.67.100(E), every permit application for cannabis cultivation shall require a bond of $30,000.

8. All construction, including but not limited to, buildings, fences, security systems, light blocking apparatuses, signs and outdoor lighting fixtures, shall be designed to blend in with the character of the surrounding area.

9. Every use permit shall specify the public and or private roads or rights of way the permittee intends to use to access the cultivation site. If private roads will be used, a recorded document showing legal right to use the road for the proposed commercial purpose must be provided. In every case, the permit shall be conditioned upon adequate measures to mitigate the negative impacts of cultivation on the roads.

10. In addition to the findings required by 20.67.40(C), before issuance of a use permit for the cultivation of cannabis, the Planning Commission shall make the following finding, and shall set forth the facts supporting its determination in writing:

• The proposed operation plan contains adequate measures to hide, disguise, conceal or otherwise sufficiently minimize the visual or olfactory indicia of cannabis cultivation, such that the use of the property for cannabis cultivation will not be readily apparent to a casual observer from a public space.

- (Ord. 2018 013 § 3 (part) 2018)

1. Cannabis Cultivation may be permitted with a use permit in A Districts in accordance with this Section.

   1. Up to 2,500 square feet of indoor cultivation may be permitted on parcels 5 acres or larger in size.

   2. Indoor cultivation shall be conducted within a permanent structure, properly permitted by the county and in compliance with all building codes. The structure shall be completely enclosed, sufficient to prevent any light from escaping the structure, and be equipped with an odor filtration system sufficient to prevent detectable odors outside the structure.

   3. The structure in which the cultivation occurs shall be set back a minimum of 200 feet from any Residential, Residential and Agriculture, Rural Residential, Planned Community, or

Forest Recreation District, and 50 feet from any parcel, regardless of its zoning, which is not under common ownership with the subject parcel. If, after issuance of a permit, a parcel under common ownership is sold, such that the cultivation is no longer in compliance with the setbacks required by this paragraph, the permittee shall immediately notice the Planning Division, and the permit may be subject to revocation.

4. No cultivation shall be permitted within 1,000 feet of any school or youth center or of any county, state or federal park. This requirement shall not apply to use permit renewals.

- (Ord. 2018 013 § 3 (part) 2018)

1. Cannabis Cultivation may be permitted with a use permit in M districts in accordance with this Section.

   1. Indoor cultivation of up to 5,000 square feet may be permitted.

   2. Cultivation shall be conducted within a permanent structure, properly permitted by the county and in compliance with all building codes. The permit shall be completely enclosed, sufficient to prevent any light from escaping the structure, and be equipped with an odor filtration system sufficient to prevent detectable odors outside the structure.

   3. No cultivation shall be permitted within 1,000 feet of any school or youth center or of any county, state or federal park. This requirement shall not apply to use permit renewals.

- (Ord. 2018 013 § 3 (part) 2018)

All applications for a use permit for a commercial cannabis activity shall be filed with the Community Development Department – Planning Division. In all cases the application shall contain, without limitation, the following documentation:

1. Notarized, written authorization from all persons and entities having a right, title or interest in the property that is the subject of the application consenting to the application and the operation of the proposed commercial cannabis activity on the subject property.

2. The name and address of all persons and entities responsible for the operation of the commercial cannabis activity, including managers, corporate officers, any individual with an ownership interest, any member of a board of directors, any general or limited partner, and/or any member of a decision-making body for the commercial cannabis activity, and a complete list of all the valid licenses, including license type and license number which has been issued to each person by the state or any other city or county.

3. An application fee as prescribed by the current fee schedule resolution of the board of supervisors.

4. An indemnification agreement on a form provided by the county.

5. Proof of having obtained a surety bond in an amount not less than $15,000, payable to the County, issued by a corporate surety approved by the County, which is licensed to transact surety business in the State of California.

6. A detailed operation plan, which includes:

   1. Site plans, floor plans, conceptual improvement plans, and a general description of the nature, size, and type of commercial cannabis activity(ies) being requested.

   2. Onsite security measures both physical and operational;

   3. Standard operating procedures manual detailing how operations will comply with state and local regulations; how safety and quality of products will be ensured; record keeping procedures for financing, testing, and adverse effect recording; and product recall procedures;

   4. Proposed hours of operation;

   5. Waste disposal information;

   6. A water management plan including the proposed water supply and proposed conservation measures;

   7. Product supply chain information including where cultivation occurs, where the product is processed or manufactured, any required testing of cannabis or cannabis products, transportation, and packaging and labeling criteria;

   8. A record keeping policy;

   9. Track and trace measures;

   10. Sustainability measures including water efficiency measures, energy efficiency measures, high efficiency mechanical systems, and alternative fuel transportation methods;

   11. Odor prevention devices;

   12. Size, height, colors, design, location and building materials of any proposed signage and fencing at the site;

   13. A parking plan;

   14. A storage protocol and hazardous response plan;

   15. Information on products used during operation, including liquids, solvents, agents, pesticides, herbicides and processes; and

   16. A quality control plan.

7. Proof of consent if required in section 20.67.70(F).

8. Such other information as county staff may require.

• (Ord. 2018 013 § 3 (part) 2018)

20.68 Multi-Unit Objective Design And Development Standards

20.68.10 Intent And Application 20.68.20 Site Layout And Design 20.68.30 Architectural Design 20.68.40 Open Space, Exterior Lighting, Parking, And Storage Of Vehicles