§ 25-41. SPECIAL USES.

The purpose of this chapter is to establish procedures, development standards, and location criteria for special uses within the City of Firebaugh. Special uses are those uses that are listed in specific zones which have unusual characteristics and may have the potential for pronounced impacts on their surroundings, and where the City has established standards for the design and operation of such uses. These standards are intended to ensure that these uses do not have an adverse impact on the public health, safety, or welfare. Special uses and specific development standards for each are listed as follows.

Persons wishing to conduct a home occupation (which is clearly incidental and secondary to the use of a building as a residential dwelling) shall apply for a business license/home occupation permit through the Finance Department. Home occupations shall comply with the following regulations.

• a. Home occupations may include:

  1. Consultive professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods or products.

  2. Secondary business offices associated with the resident, where said business has its principal office, staff and equipment located elsewhere.

  3. The giving of music lessons and similar occupations.

  4. The home office of a sales person, where all sales are done by written order with no commodities or displays on the premises.

  5. Drafting, designing and the like, using only normal equipment associated with the activity.

  6. Homemade foods businesses subject to standards of the California Homemade Foods Act (as codified in Government Code Section 51035), and the following City standards:

     • (a) There shall be no employment of help outside the residents of the dwelling, except for one full-time employee.

     • (b) All food preparation in conjunction with a homemade food business must take place in the residence's existing kitchen.

     • (c) Prior to granting of a City business license the applicant shall obtain a permit from the Fresno County Environmental Health Department. The City business license shall not be effective until that permit or approval is obtained, and shall automatically expire if the other required permit or approval expires, is disapproved or is revoked.

     • (d) A copy of the Fresno County Environmental Health Department permit to operate shall be provided to the City planning department within 10 working days of the issuance of that permit or approval.

• b. Notwithstanding standards for homemade food businesses, the following criteria shall apply for the evaluation of a home occupation:

  1. There shall be no employment of help other than members of the resident family.

  2. There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.

  3. There shall be no sales of products or services not produced on the premises.

  4. The use shall not generate vehicular or pedestrian traffic beyond that normal to the district in which it is located.

  5. The activity shall not involve the use of commercial vehicles for delivery or materials to or from the premises, other than one vehicle not to exceed one ton, owned by the operator of such home occupations.

  6. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the district.

  7. Any signage shall be consistent with the Sign Ordinance (§ 25-47 ).

  8. Not more than one room in the dwelling shall be employed for the home occupation.

9. In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noises, vibrations, etc.).

   10. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the district.

• c. An applicant for a home occupation permits may appeal the decision of the Planning Director consistent with § 25-6 , Appeals.

Mixed-use developments are permitted in Firebaugh's commercial zones subject to the following standards:

• a. Development standards. Mixed-use developments are subject to site plan review (consistent with the requirements of § 25-53 ) and shall comply with the development standards of the underlying zone (concerning lot size and dimensions, setbacks, building height and coverage, etc.) except that residential development shall comply with density standards of the R-3 Zone

(which allow a density up to one dwelling per 1,500 square feet of lot area) and also that projects may request a reduction of up to 50% in the number of parking spaces that are required for each distinct use on the site, as shown in § 25-45 (Auto and Bicycle Parking and Loading). Said request for a parking reduction shall be incorporated into the site plan review application and is not subject to a variance.

• a. Locational criteria. All new service stations must have frontage on a road classified in the Firebaugh Circulation Element as a collector or arterial road.

• b. Site design criteria:

  1. Pump islands shall be at least 18 feet from any street right-of-way. In addition, a landscape planter at least five feet wide shall be located between a pump island and the street rightof-way.

  2. Access driveways shall be a minimum width of 30 feet, and shall be no closer than 20 feet from the nearest curb line of any intersecting street.

  3. All vehicle repair activities shall be entirely within a building or enclosed area.

  4. A site plan for a service station shall include information to demonstrate proper maneuverability of fuel delivery vehicles onto and off of the site.

• a. Purpose: The purpose of a temporary use permit is to provide for the short-term use of property and structures that are consistent with the purpose and objectives of this Ordinance.

• b. Temporary uses and activities: The following uses and activities are eligible for a temporary use permit. The Planning Commission, by resolution, may add other uses to the list. The Planning Director shall determine the appropriate districts for the uses and activities listed below.

  1. Christmas tree sales.

  2. Promotional displays and activities, including amusement rides, street dances, concerts, live entertainment and promotional outdoor displays and sales. These activities may be conducted in any nonresidential district. Temporary signs are permitted with the approval of Planning Director. All display material, signs and related improvements shall be removed no later than 24 hours from the end of the activity. Sales areas shall be located where adequate parking is available and sight distances at intersections and driveways must not be obstructed.

  3. Temporary uses. The temporary use of property by nonprofit or charitable organizations, including activities such as expositions, concerts, carnivals, amusement rides, and church revivals.

  4. Temporary outdoor sales. Temporary outdoor sales, sidewalk sales and parking lot sales in association with a permitted business for which there is an enclosed building. No off-site signs shall be permitted and no more than six of these events shall occur on the subject property per calendar year.

  5. City-sponsored uses and activities, not occupying a structure and occurring at regular periodic intervals.

• c. Exemptions: The following uses shall be exempt from securing a temporary use permit from the City of Firebaugh.

  1. Fireworks stands.

  2. Garage and yard sales.

• d. Applicant and fee: An application and fee for a temporary conditional use permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

• e. Report and findings: The Planning Director is authorized to review and approve temporary conditional use permits subject to reviewing the following findings. The Director may add conditions to ensure consistency with the purpose and objectives of this Ordinance including the following:

  1. That egress and ingress and off-street parking facilities are properly designed and adequate to serve the use.

  2. That the site is adequate in size and location and has the proper accessibility to accommodate the use.

  3. That there are adequate public services, including fire protection, water supply, wastewater disposal, and police protection to serve the use.

  4. That upon termination of the use the site shall be restored to its original condition. All materials and equipment associated with the temporary use shall be removed.

  5. That reasonable time limits be established for the use, not to exceed 30 days.

  6. That the applicants for a temporary use permit shall have all applicable licenses and permits.

7. That signage for the use be approved by the Planning Department.

• f. Processing: Temporary use permits may be processed as an administrative matter by the Planning Director. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions on the temporary use permit.

Where listed as a permitted use in a particular zone, one permanent accessory dwelling is allowed for purposes of housing a caretaker, subject to the following standards.

• a. Supplementary statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the caretaker/resident.

• b. Status of caretaker. The resident of the dwelling shall be the owner or lessor, or an employee of the owner or lessor of the site.

• c. Type of use requiring a caretaker. The principal use of the site must require a caretaker for security purposes, or for care of people, plants, animals, equipment, or other conditions on the site, or for needed housing for the owner or operator of a business.

• d. Permitted zones and allowable location for a caretaker dwelling. In the C-1, C-2, C-3, and G Zones, such dwelling shall be located on the second floor, or to the rear of a principal building. In the M-1 and M-2 Zones, such dwelling may be located in accordance with the needs of the applicant. In all zoning districts, a caretaker residence is to be located on the same lot of record or contiguous ownership as the use requiring a caretaker.

• e. Type of dwelling unit allowed. Caretaker residences shall be a standard site-built home, a modular home, or an apartment-type unit if the caretaker residence is to be integral with a principal structure.

• f. Parking requirement. None, provided sufficient usable area is available to accommodate all resident vehicles on-site.

The purpose of this section is to control the approval and location of all modular structures within the City of Firebaugh and to ensure that the uses of said structures, which shall meet the use requirements, zoning standards and design guidelines of the district in which the property is located, will not have a detrimental effect on the appearance of Firebaugh nor on surrounding properties. Regulation of modular structures is therefore deemed necessary to promote the public health, safety, and welfare of residents of the City of Firebaugh. "Modular structure" shall mean any designed, manufactured, remanufactured, used, or converted to a transportable building for use for commercial, office, or industrial purposes.

• a. A permanent modular structure shall be subject to site plan review, consistent with § 25-53 and the applicable zoning standards and design guidelines for that particular zone, and shall comply with the following special development standards:

  1. A permanent modular structure shall be place on a permanent foundation.

  2. In addition to design guidelines that apply to the particular zone, a permanent modular structure shall be of an architectural style that is consistent with buildings in the surrounding neighborhood. The modular structure shall require skirting around the base of the structure.

  3. Permanent parking spaces and unloading zones shall be required consistent with § 25-45 , Auto and Bicycle Parking and Loading.

  4. Landscaping and irrigation shall be required consistent with § 25-43 , Landscaping, Irrigation and Grading.

  5. The business or use conducted within the structure shall secure a business license from the City of Firebaugh prior to being open to the public.

• b. A temporary modular structure shall be approved by the Planning Director and shall comply with the development standards below. Construction management offices and model home offices shall be exempt from the time limitation standard.

  1. A temporary modular structure shall be removed from the subject property within 30 days unless a longer period of time is requested.

  2. A temporary modular structure shall require skirting around the base of the structure.

  3. The business or use conducted within the structure shall secure a business license from the City of Firebaugh prior to being open to the public.

Recycling and buyback centers are permitted uses in the C-3, M-1 and M-2 Zones, subject to a conditional use permit. The conditions and development standards for recycling/buyback centers shall be as follows:

• a. The location of these centers shall be conducted in a parking lot that is associated with a commercial use. The centers should not be permitted to locate in the front of any commercial storefront but should be established on the side or rear of the commercial development.

• b. The recycling/buyback centers shall provide trash containers.

• c. At the conclusion of daily business, the area around the center shall be cleaned of all trash and debris, and the trash containers shall be emptied.

• d. The recycling or buyback of batteries or hazardous waste materials shall not be permitted.

[Amended 12-19-2022 by Ord. No. 22-05]

• a. Purpose and intent. This section is intended to meet the requirements of State law in providing for Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs") as required by and in compliance with Government Code Sections 65852.2 and 65852.22, (as either may be amended from time to time). The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Sections 65852.2 and 65852.22. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirement or standard does not conflict with the requirements and standards provided in Government Code Sections 65852.2 and 65852.22.

• b. Determinations: ADUs and JADUs are residential uses. ADUs and JADUs that comply with this section are considered accessory uses and accessory buildings and therefore do not exceed the allowable density for the lots upon which ADUs and JADUs are located. ADUs and JADUs that comply with this section are considered to be consistent with the general plan and zoning designations for the lot.

ADUs and JADUs, and the availability to construct ADUs and JADUs, will be counted for purposes of identifying adequate sites for housing in the City's Housing Element.

• c. Standards: ADUs and JADUs are subject to the normal requirements of the zoning district where the ADU and/or JADU will be constructed. Unless otherwise stated in this section, the requirements and standards of the Zoning Code (Chapter 25 ) and the Building and Housing Code (Chapter 8 ) that apply to the lot and the primary dwelling shall apply to any ADU and/or JADU, including lot coverage, parking, height, setback, open space, landscape, and architectural review, and the requirements and standards that apply to detached dwellings and accessory structures generally.

All ADUs and/or JADUs shall be established and maintained in conformity with the following standards:

1. Zoning:

ADUs and JADUs are allowed on single-family and multi-family lots in all residential zoning districts, including mixed-use zones where residential uses are permitted. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed.

2. Construction of ADUs/JADUs:

ADUs may be constructed within or as an addition to an existing or proposed single-family residential dwelling unit, or as a separate free-standing accessory structure, or converted from an existing accessory structure. JADUs may be constructed within an existing or

proposed single-family residential dwelling unit. ADUs and JADUs must be constructed consistent with development standards of the zone in which the unit is located, and with the requirements of this subsection. ADUs may be site-built structures, or converted from existing structures, or manufactured homes as defined by Section 18007 of the Health and Safety Code. Mobile homes, trailers and recreational vehicles are not permitted to be used as ADUs.

3. Number of Units:

One ADU and one JADU are allowed per single family residential lot. Lots with existing multifamily dwellings may construct up to two detached ADUs, or ADUs up to 25% of the number of existing multifamily dwelling units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages).

4. Yards:

A second dwelling unit shall comply with yard requirements of the subject zone, except that a setback of four feet from the side and rear lot lines is permitted for a detached ADU.

5. Space between buildings:

A second detached dwelling unit shall be located no closer than 10 feet to any other residential building on the same parcel, and not less than six feet from any accessory building.

6. Building height:

ADU's shall be limited to one story and 16 feet in height.

7. Unit size:

For detached ADU's the following size restrictions apply:

• (a) One bedroom unit: Unit may contain up to 850 square feet of floor area, maximum.

• (b) Two bedroom unit: Unit may contain up to 1,000 square feet of floor area, maximum.

• (c) More than two bedrooms: Unit may contain up to 1,200 square feet of floor area, maximum.

For attached ADU's the maximum permitted size is 50% of the floor area of the primary dwelling unit, up to 800 square feet, maximum.

Notwithstanding the foregoing standards, an ADU (whether detached or attached) shall not be less than 220 square feet in size.

For a JADU the maximum permitted size is 500 square feet of floor area. Further, a JADU shall not be less than 220 square feet in size.

8. Parking:

There shall be one paved on-site parking space for an ADU, (except as allowed by Government Code Section 65852.2(a) or (d)). Additional parking is not required for JADUs. The required parking space shall be a minimum of nine feet wide and 20 feet deep and constructed to City standards. The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the ADU may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to accommodate an ADU, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two parking spaces side by side; however, said parking space may be located within required side or rear yards.

9. Architectural appearance:

The ADU's scale, appearance and character shall be similar to and compatible in design with the primary dwelling unit in terms of siding materials and color, window types, roofing pitch and materials. If attached to the primary dwelling unit, a second dwelling unit shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.

10. Building Code:

A second dwelling unit shall be subject to all applicable building, fire, health and safety codes.

11. Occupancy:

A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy is issued for an ADU or JADU on the lot. Owner-occupancy is not required for ADUs. Owner-occupancy is required for a single-family residence with a JADU. The owner of the subject property at the time of the application for a JADU and all future owners of the property shall reside in the single-family residence or JADU. A covenant, in a form approved by the City Attorney, running with the land between the City and the applicant shall be recorded with the Fresno County recorder's office prior to the issuance of any building permits, requiring that the primary or proposed JADU shall be occupied by the owner of the property.

An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, unless authorized by Government Code section 65852.26. Rentals of ADUs and/or JADUs must be for at least 30 days.

12. Access:

In order to preclude the appearance of a duplex unit, access to ADU's and JADU's shall be by an exterior doorway located on the side or rear of the ADU or JADU. In no case shall the entrance be visible from a public street right-of-way.

13. Utilities:

Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the ADU/JADU, as determined by the City Engineer. The ADU/JADU can either have shared or separate services for electric, gas, sewer, and water.

14. Existing dwellings:

An ADU existing on the effective date of the ordinance adding this subsection shall constitute a violation of this subsection unless the ADU meets the standards of this subsection or the ADU qualifies as a permitted nonconforming use under § 25-61 (Nonconforming Uses and Structures) of this title.

15. Connection, Impact, and other Fees:

Except as provided in Government Code Sections 65852.2 and 65852.22, ADUs and JADUs are subject to all fees and assessments required by the Municipal Code for new residential construction, including connection fees, capacity charges, and impact fees.

An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.

16. Exceptions:

All of the standards provided in this Section may be relaxed or waived in order to allow construction of an attached or detached ADU that is not more than 800 square feet and not more than 16 feet in height with at least four-foot side and rear yard setbacks, provided that the ADU is constructed in compliance with all Fire and Building and Housing Code

requirements and standards of the Zoning Code. (See Government Code Section 65852.2(c).)

ADUs and/or JADUs described in Government Code Section 65852.2(e) shall be permitted.

17. Permit process:

The applicant shall submit a building permit application for the construction of an ADU and/or JADU. An application, together with the required fee in compliance with the City's Fee Schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Planning Director or his designee shall review the application to determine whether it complies with the requirements of this section and ministerially approve a compliant application.

A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall act on the application to develop an ADU or a JADU within 60 days. If the permit application to develop an ADU or a JADU is submitted with a permit application to construct a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to construct the new single-family dwelling. The applicant may request a delay in the time available for the City to act on the application, as provided by State law.

The purpose of this section is to provide uniform standards for the desired design, placement, permitting, and monitoring of telecommunication facilities consistent with applicable federal requirements. The standards are intended to address adverse visual impacts and operational effects of these facilities through appropriate design, siting, screening techniques and locational standards while providing for the communication needs of residents, local businesses, and government agencies. Wireless telecommunication facilities include residential and commercial TV antennas and satellite antennas; public safety facilities; telecommunication facilities accessory to public equipment for data acquisition such as irrigation controls; well monitoring and traffic signal controls, telecommunication facilities erected for emergency situations and/or public information coverage with a duration of less than seven days; satellite Earth Station facilities not exceeding two meters in diameter or in diagonal measurement and television and AM/FM radio antennas for commercial purposes, and monopoles and lattice towers for cellular phones and similar devices. The following location criteria and development standards shall apply to all wireless telecommunications equipment.

• a. With the exception of monopole and lattice tower facilities, all wireless telecommunication equipment listed above shall be permitted uses in all of Firebaugh's zone districts.

• b. Monopoles and lattice tower facilities are classified as permitted subject to a conditional use permit in the C-3, M-1, M-2, G and UR zones. These facilities shall be prohibited in all other zones.

• c. Monopoles and lattice towers shall be located on the rear half of the parcel, unless aesthetic benefits are achieved through an alternative location or stealth design techniques can be employed.

• d. Monopoles and lattice towers shall not be permitted within 1,000 feet of an existing tower.

• e. Consideration shall be given to the use of "stealth" facilities in place of utilitarian monopoles and lattice towers. Examples of stealth facilities include towers disguised as trees, flag poles, or

mounted on existing facilities, such as water towers, steeples, etc.

• a. Purpose and intent.

  1. It is the purpose and intent of this Ordinance to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Firebaugh and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the distribution of obscene material.

  2. One of the important purposes of the regulations set forth in this section is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this section shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:

     • (a) Receipt of money for placement of persons for purposes of cohabitation ( Penal Code § 266d);

     • (b) Purchase of persons for purposes of prostitution of placement of persons for immoral purposes ( Penal Code § 266e);

     • (c) Sale of persons of immoral purposes ( Penal Code § 266f);

     • (d) Pimping ( Penal Code § 266h);

     • (e) Pandering ( Penal Code § 266i);

     • (f) Lewd or obscene conduct ( Penal Code § 314);

     • (g) Houses of ill-fame ( Penal Code § 315);

     • (h) Disorderly houses which disturb the immediate neighborhood (Penal Code § 316);

     • (i) Places of prostitution ( Penal Code § 317); [[1]] [1] Editor's Note: Penal Code § 317 was repealed by Stats. 1937, c. 399, p. 1324, § 30000.

     • (j) Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS ( Penal Code § 11225).

  3. Nothing in this section shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law of regulation.

• b. Establishment and classification of businesses regulated. The establishment of any sexually oriented business shall be permitted only in the zone district permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within 1,000 feet of any sensitive land use, as defined above. These limitations apply to sexually oriented businesses classified as follows:

  1. Adult arcade.

  2. Adult bookstore, adult novelty store, or adult video store.

  3. Adult cabaret.

  4. Adult motel.

5. Adult motion picture theater.

   6. Adult theater.

   7. Nude model studio.

• c. Measurement of distance: The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from property line to property line.

• d. Location of sexually oriented business: The City of Firebaugh's Zoning Ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted — the M-2 (Heavy Industrial) zone, at the time of adoption of this Ordinance. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Firebaugh Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions:

  1. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business outside of the permitted zone.

  2. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of any sensitive land use, as defined above.

• e. Nonconforming uses.

  1. Any sexually oriented businesses operating on (effective date of this Ordinance) that is in violation of § 25-41.11e shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a two-year period with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three years in addition to the initial amortization period. Any such nonconforming business loses its right to operate as a nonconforming use, if, for any reason, it voluntarily discontinues its business operation for a period of 30 days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction. Such nonconforming uses, while nonconforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

  2. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, within 1,000 feet, of a sensitive land use. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

  3. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming status of such use.

4. Amortization — annexed property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of § 25-41.11e , shall be terminated within two years of the date of annexation unless an extension of time has been approved by the City Council in accordance with the provisions of § 25-41.11f1.

• f. Injunction: A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of $1,000 and/or 180 days imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the City, attorneys' fees and costs of the City, at the discretion of the Court.

• g. Exception for certain nude modeling: It is a defense to prosecution under this Ordinance if a person appearing in a state of nudity did so in a modeling class operated:

  1. By a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation;

  2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

  3. In a structure:

     • (a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

     • (b) Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

     • (c) Where no more than one nude model is on the premises at any one time.

[Amended 12-5-2022 by Ord. No. 22-04]

Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to § 25-45 (Auto and Bicycle Parking and Loading).

• a. Site design standards.

  1. Access. There shall be only one access point to a storage yard for each 300 feet of street frontage. Such access point is to be a maximum width of 20 feet and shall be provided with a solid gate or door.

  2. Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, or chain link fencing with vinyl slats or other screening mechanism, with a minimum height of six feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished.

  3. Parking requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on-site.

  4. Site surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust-free condition.

  5. Office facilities. When no buildings exist or are proposed on a storage yard site, one commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the permit requirements of the Building Code.

• b. Operation. Except for vehicles or freestanding equipment, materials within a storage yard are not to be stacked or stored higher than six feet, unless a higher wall or fence is constructed at

the required setback line under an approved building permit.

[Amended 11-20-2017 by Ord. No. 17-03; 6-4-2018 by Ord. No. 18-02]

It is the purpose and intent of this § 25-41.13 to promote the health, safety, morals, and general welfare of the residents and businesses within the City by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of cannabis, whether for medical purposes or recreational or adult use as currently allowed under state law.

[Amended 7-15-2019 by Ord. No. 19-03]

For purposes of this chapter, these words and phrases shall be defined as follows:

ACT

The Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time. Definitions in this section referencing provisions of the Act shall also include amendments to the Act. [[1]]

APPLICANT

A person who is required to file an application for a permit under this chapter.

BUSINESS OWNER

The owner(s) of the cannabis operations. "Owner" means any of the following:

• a. A person with an aggregate ownership interest of 20% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.

• b. The chief executive officer, president, and vice president of a nonprofit or other corporate entity.

• c. A member of the board of directors of a nonprofit.

• d. An individual who will be participating in the direction, control, or management of the entity or person applying for a license.

CANNABIS

Shall have the meaning set forth in California Business and Professions Code section 26001, subdivision (f). "Cannabis" and "marijuana" may be used interchangeably, but shall have the same meaning.

CANNABIS DISPENSARY OR DISPENSARY

Any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, transferred by, or transferred to more than two persons for sale or barter, including, but not limited to, all retail sales.

CANNABIS PRODUCTS

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

CITY

The City of Firebaugh.

COLLECTIVE OR COOPERATIVE CULTIVATION

An association within California of qualified patients, persons with valid identification cards, and designated primary caregivers to cultivate cannabis for medical purposes as may have been allowed under the Compassionate Use Act of 1996, the "Medical Marijuana Program Act," or the California "Medical Cannabis Regulation and Safety Act" adopted on October 9, 2015 through legislative bills AB 243, AB 266, and SB 643. [[2]]

COMMERCIAL CANNABIS OPERATION

Any commercial cannabis activity, and all facilities and equipment that support that activity, as set forth in California Business and Professions Code section 26001, subdivision (k) and allowed under the Act, and as the Act and implementing regulations may be amended from time to time.

COMMERCIAL CANNABIS REGULATORY PERMIT OR REGULATORY PERMIT

The permit required under this chapter to operate a commercial cannabis operation within the City of Firebaugh boundaries.

CULTIVATE OR CULTIVATION

Shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (l) and shall also include the storage of one or more cannabis plants or any part thereof in any location.

DELIVERY

Shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (p), shall also include mobile dispensaries, as defined above, retail cannabis sales at any location other than a permitted commercial cannabis operation under this § 25-41.13 , and any technological platform that enables persons to arrange or facilitate the transfer of cannabis.

EMPLOYEE PERMIT

The permit required under this § 25-41.13 for every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery-related services for a commercial cannabis operation, other than solely as a vender or a certificated common carrier.

MEDICINAL CANNABIS OR MEDICAL CANNABIS USE

The use of cannabis for the purposes set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

OPERATOR

The business owner and any other person designated by the business owner as responsible for the day-to-day commercial cannabis operation.

ORDINANCE

The ordinance enacting this § 25-41.13 and including the terms of this and related sections, which may be commonly referred to as the City's "Cannabis Control Ordinance."

POLICE CHIEF

The Police Chief of the City of Firebaugh or his or her designee.

PREMISES OR SITE

The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis operation will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee.

PREMISES OWNER

The fee owner(s) of the premises where commercial cannabis operations are occurring.

PRIMARY CAREGIVER

Shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7, et seq.

PROPERTY OWNER

The title holder of real property within the City of Firebaugh.

QUALIFIED PATIENT

Shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7, et seq.

RECREATIONAL CANNABIS, RECREATIONAL CANNABIS USE, OR ADULT USE CANNABIS

All uses of cannabis not included within the definition of medicinal cannabis use.

RESPONSIBLE PARTY

The business owner, operator, manager(s), and any employee having significant control over the commercial cannabis operations.

• [1] Editor's Note: See Business and Professions Code § 26000 et seq.

• [2] Editor's Note: See Health and Safety Code §§ 11362.5 and 11362.775, and Business and Professions Code § 205.1, respectively.

To the extent that the City is required to allow the cultivation of medical marijuana under state law and, except as provided for in this Ordinance, the rules set forth herein shall apply.

• a. Personal-use cultivation. An individual qualified patient or person with an identification card shall be allowed to cultivate medicinal cannabis indoors within his/her private residence, or an attached garage. For owner-occupied residences, cultivation shall be allowed in an accessory building on the same property. A primary caregiver shall only cultivate medicinal cannabis at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medicinal cannabis cultivation for personal use shall be subject to the following requirements:

  1. Area. The medical marijuana cultivation area shall not exceed 32 square feet measured by the canopy and not exceed 10 feet in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single, contiguous designated area.

  2. Lighting. Medicinal cannabis cultivation lighting shall not exceed a total of 1,200 watts.

  3. Building code requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, setback, height requirements, and parking requirements.

  4. Gas products or flammable or volatile chemicals. The use of gas products (carbon dioxide, butane, etc.) or flammable or volatile chemicals for medicinal cannabis cultivation or processing is prohibited.

  5. Evidence of cultivation. No evidence of medicinal cannabis cultivation shall be visible from a public right-of-way or from adjacent property.

  6. Residence. The qualified patient or person with an identification card shall reside in the residence where the medicinal cannabis cultivation occurs.

  7. Incidental use. The residence shall maintain kitchen, bathrooms, and at least one bedroom for their intended uses. Such rooms shall not be used primarily for cannabis cultivation.

  8. Ventilation. The medicinal cannabis cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or beyond the property line for detached single-family residences, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code § 1203.4, Natural Ventilation, or § 402.3, Mechanical Ventilation, or its equivalent(s).

operty line for detached single-family residences, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code § 1203.4, Natural Ventilation, or § 402.3, Mechanical Ventilation, or its equivalent(s).

9. Storage of chemicals. Any chemicals used for medicinal cannabis cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way.

10. Nuisance. The medicinal cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, nor shall it be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

11. Property owner authorization. For rental properties, the lessee shall obtain written authorization from the property owner or property-management company to cultivate personal-use or medical marijuana. Such written authorization shall be maintained on the premises at all times and presented at the request of the City.

12. Additional requirements for garages and accessory buildings. The following additional requirements shall apply for personal-use cultivation that occurs in a garage or accessory building: A) The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque; B) the garage or building shall include a burglar alarm monitored by an alarm company or private security company; C) the garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door; and D) extension cords or other makeshift equipment on the exterior of a building used to supply power for cannabis cultivation is prohibited.

13. Posting of physician recommendation or identification card; posting of owner permission. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence who is cultivating medicinal cannabis. For rental properties, a copy of the owner's written authorization to cultivate medicinal cannabis shall be posted in the same manner.

• b. Collective or cooperative cultivation. The collective or cooperative cultivation of medicinal cannabis is prohibited in the City of Firebaugh.

To the extent that the City is required to allow the cultivation of recreational or adult use cannabis under state law, and except as provided for in § 25-41.13.6 , the rules set forth herein shall apply.

• a. State law limits. The cultivation of recreational or adult use cannabis shall be subject to the limits set forth in any applicable state law. At the time of adoption of this chapter, applicable state law limits the cultivation of recreational or adult use cannabis to six plants per residence.

• b. Compliance with medicinal cannabis personal-use cultivation rules. All persons lawfully allowed to cultivate recreational or adult use cannabis under State law shall be subject to the same rules, requirements, and limitations applicable to the personal-use cultivation of medical marijuana set forth in § 25-41.13.2a .

• a. Commercial cannabis operations. Except as provided for in §§ 25-41.13.5 and 25-41.13.6 , commercial cannabis operations as defined in § 25-41.13.2 are prohibited within the City of Firebaugh.

• b. Dispensaries. Cannabis dispensaries as defined in § 25-41.13.2 are allowed, subject to the regulatory standards set forth in this § 25-41.13 to operate within the designated land use zones of the City of Firebaugh. No more than one cannabis dispensary may be permitted for every 10,000 residents of the City of Firebaugh. [Amended 7-15-2019 by Ord. No. 19-03]

• c. Deliveries. The delivery of cannabis as defined in § 25-41.13.2 , except as among permitted commercial cannabis operations, is allowed within the City of Firebaugh, regardless of whether the delivery is initiated within or outside of the City of Firebaugh, and regardless of whether a technology platform is used for delivery by the commercial cannabis operation. Only a dispensary permitted to operate within the boundaries of the City of Firebaugh pursuant to this § 25-41.13 may initiate a delivery within the City of Firebaugh. All deliveries initiated within the City boundaries shall be subject to any development agreement, revenue-raising fee, or tax, whatever its nature, that is in legal effect at the time of the delivery. Any delivery initiated outside the City of Firebaugh where the retail sale is completed within the City of Firebaugh shall be subject to any sales, user, or excise tax, if any, adopted by the City Council of the City of Firebaugh and approved by the voters as required by law. Any licensed or permitted commercial cannabis operator that delivers within the City of Firebaugh boundaries shall be obligated to collect and remit to the City of Firebaugh any and all development agreement fees, revenueraising fees, or taxes, of whatever kind, that are legally effective at the time of the delivery. [Amended 7-15-2019 by Ord. No. 19-03]

The following facilities providing medicinal cannabis to patients are not subject to the provisions of § 25-41.13.4 , provided they are in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other state and local laws pertaining the uses, including zoning, permitting, and licensing requirements:

• a. A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code .

• b. A healthcare facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code .

• c. A residential-care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code .

• d. A residential-care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.

• e. A residential hospice, or a home-health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code .

Notwithstanding the prohibition on commercial cannabis operations set forth in § 25-41.13.4 , and the limitations upon the cultivation of cannabis set forth in § 25-41.13.3 and 25-41.13.4 , commercial cannabis operations may be allowed as set forth in this section.

• a. Purpose. The purpose of this section is to allow limited commercial cannabis operations in the City of Firebaugh as may be permitted under the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA" or "Act") and to adopt local regulations applicable to those operations.

• b. Permitted uses.

  1. Business owners meeting the requirements of this section shall be eligible to apply for a regulatory permit to conduct the following commercial cannabis operations, as may be approved by the City Council at its discretion:

     • (a) Cultivation.

     • (b) Processing.

     • (c) Extraction.

     • (d) Manufacturing.

     • (e) Testing.

     • (f) Distribution.

     • (g) Transportation.

     • (h) Retail sales. [Added 7-15-2019 by Ord. No. 19-03]

     • (i) Deliveries. [Added 7-15-2019 by Ord. No. 19-03]

  2. The regulatory permit issued pursuant to this section shall specify whether the commercial cannabis operation shall be limited to medicinal cannabis.

  3. The regulatory permit issued pursuant to this section shall specify the precise commercial cannabis operation, by clear description and, when appropriate, shall reference the license type specified in the Act for which a state license is being sought.

  4. The commercial cannabis operation shall at all times be in compliance with this section as it may be amended from time to time or repealed and replaced by another section governing commercial cannabis operations.

  5. No regulatory permit shall issue unless or until the business owner and the property owner enter into a project development agreement with the City. The project development agreement shall be processed in same manner as a cannabis regulatory permit approved by the Council.

     • [Amended 3-7-2022 by Ord. No. 22-02]

  6. Dispensaries are expressly allowed as set forth in § 25-41.13.4 .

[Amended 7-15-2019 by Ord. No. 19-03]

7. The City Council retains the discretion to deny a regulatory permit or limit a regulatory permit to specified commercial cannabis operations.

• c. Minimum operational requirements and restrictions. The following operational requirements and restrictions shall apply to all commercial cannabis operations:

  1. The Act and other state laws. The commercial cannabis operations shall at all times be in compliance with the Act and the implementing regulations, as they may be amended from time to time, as well as all state license(s) required under the Act, and any other applicable state law. The operator shall obtain all licenses required under the Act prior to opening for business.

2. Register of employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be made available to the Police Chief at all times immediately upon request.

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

   4. Cannabis consumption. No cannabis or cannabis product shall be smoked, ingested or otherwise consumed on the premises. Prominent signage of this prohibition shall be displayed throughout the facility.

   5. Alcoholic beverages. No commercial 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.

   6. Transportation. Transportation shall only be conducted as permitted by state law.

   7. Deliveries. Deliveries are expressly allowed as set forth in § 25-41.13.4 . [Amended 7-15-2019 by Ord. No. 19-03]

   8. Noncommercial cannabis activity. No noncommercial or recreational cannabis activity shall occur on the premises.

   9. Retail sales. The retail sale of cannabis is expressly allowed as set forth in § 25-41.13.4 . [Amended 7-15-2019 by Ord. No. 19-03]

   10. Public access. There shall be no public access to the premises, except as allowed pursuant to a permitted building site plan, development agreement, and/or a regulatory permit for a dispensary only.

   • [Amended 7-15-2019 by Ord. No. 19-03]

   11. Minors. It shall be unlawful for any operator to allow any person who is not at least 21 years of age on the premises of a commercial cannabis operation. [Amended 7-15-2019 by Ord. No. 19-03]

   12. Distance separation from schools, day-care centers and youth centers. A commercial cannabis operation shall not be located within 600 feet from any existing school, day-care center or youth center as defined by state law, nor from a proposed school site as identified in the General Plan. Measurements shall be from property boundary to property boundary. For purposes of this section, "school" means any public or private school providing instruction in kindergarten or grades one through 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

3. Hours of operation. Commercial cannabis operations shall be allowed to operate per the requirements of the underlying zone district and subject to the City's noise and nuisance ordinances.

4. Building and related codes. The cannabis operation shall be subject to the following requirements:

• (a) The premises in which the commercial 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, [[1]] as certified by the Building Official of the City. The operator shall obtain all required building permits and comply with all applicable City standards.

  - [1] _Editor's Note: See 42 U.S.C.A. § 12101 et seq._ 
  

  • (b) The responsible party shall ensure that the premises have sufficient electrical load for the commercial cannabis operations.

  • (c) To the extent permitted by the Act, 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 Firebaugh Fire Department, or other qualified agency retained by the City, 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. Such inspection shall be at the business owner's expense.

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

  • (e) The operator shall comply with all environmental laws and regulations pertaining to the commercial cannabis operations, including the storage, use and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm.

15. Odor control. The business owner shall provide an odor-absorbing ventilation and exhaust system, so that odor generated inside the facility that is distinctive to its commercial cannabis operations is not detected outside the premises, outside the building or commercial greenhouse structure housing the commercial cannabis operations. or anywhere on adjacent property or public rights-of-way. A greenhouse structure shall be defined as any sort of structure that manipulates or changes the growing environment for plants. Such structures would include, but not be limited to, hothouses. headhouses. cold frames and hoop structures. Accordingly, the business owner must install and maintain the following equipment or any other equipment which the City's Building Official determines meets best industry odor control standards.

[Amended 3-7-2022 by Ord. No. 22-02]

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

• (b) 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 not detectable outside the cannabis facility.

16. Consumable products. Commercial cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain all appropriate approvals from the State and County Departments of Public Health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.

17. Secure building. All commercial cannabis operations shall occur entirely inside of a building or commercial greenhouse structure which shall be secure, locked, and fully enclosed, with

a ceiling, roof or top, and entirely opaque. Notwithstanding the foregoing, the roof may be of solid nonopaque material, provided other security measures exist to ensure that the commercial cannabis operation cannot be seen, heard, or smelled beyond the property line. The building or commercial greenhouse structure shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures). The precise building construction parameters and materials to be used shall be identified and provided with the application to the City prior to construction. [Amended 3-7-2022 by Ord. No. 22-02]

18. Premises security. The following security conditions shall apply:

• (a) Alarm system (including perimeter, fire and panic).

• (b) Remote monitoring of alarm systems.

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

• (d) Perimeter security and lighting as approved by the Police Chief.

• (e) Use of drive gates with card key access or similar to access the facility.

• (f) Entrance areas to be locked at all times, and under the control of a designated responsible party.

• (g) Use of access-control systems to limit access to inventory, grow and processing areas. [Amended 7-15-2019 by Ord. No. 19-03]

• (h) 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 to the site from the interior, and be of a minimum five-mega-pixel resolution.

• (i) All security systems at the site are attached to an uninterruptable power supply providing twenty-four-hour power.

• (j) Twenty-four-hour security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the Police Chief. All current contact information regarding the security company shall be provided to the Police Chief.

• (k) The Firebaugh Police Department or Department designee shall have access to all security systems.

• (l) Internet Protocol ("IP") access for remote monitoring of security cameras by the Firebaugh Police Department or a department designee upon request.

• (m) Any and all video or audio tape recordings made for security purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of at least 30 days and must be made available to the Firebaugh Police Department or Department designee for duplication upon demand. In addition, upon request by the Firebaugh Police Department, the responsible party shall duplicate the records for the Firebaugh Police Department or the Department designee.

  • (n) Hardened bullet-resistant windows for exterior windows as part of any new or existing construction.

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

    • (p) Electronic track-and-trace systems for cannabis products as required by the Act and state regulations.

    • (q) The City may inspect the premises and audit the records of the commercial cannabis operations for compliance on a quarterly basis.

    • (r) Security protocols and equipment need to be in place to protect computer information.

    • (s) The foregoing premises security 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.

  19. Shipments of supplies and transportation of product. The following rules apply to shipments and transportation:

  - [Amended 7-15-2019 by Ord. No. 19-03] 
  
  - (a) Shipments of supplies to the premises shall only occur as provided for in diagram and floor plans on file with the City as part of the application process. Vehicles delivering to the premises shall not have any markings indicating that deliveries are being made to a cannabis operation. 
  
  - (b) The transportation of cannabis samples and/or products to and from the premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and/or products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the Police Chief. 
  

  20. Premises maintenance. 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 or commercial cannabis operation shall not be maintained in a manner that causes a public or private nuisance.

  21. Location of uses. Except for deliveries as defined in § 25-41-13.4, the commercial cannabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plans of the premises submitted with the application for a regulatory permit. Other than for deliveries as defined in § 25-41-13.4, commercial cannabis operations shall not operate at any location other than as stated in the regulatory permit. [Amended 7-15-2019 by Ord. No. 19-03]

nnabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plans of the premises submitted with the application for a regulatory permit. Other than for deliveries as defined in § 25-41-13.4, commercial cannabis operations shall not operate at any location other than as stated in the regulatory permit. [Amended 7-15-2019 by Ord. No. 19-03]

• d. Commercial cannabis operation regulatory permit. No person or entity shall operate a commercial cannabis operation within the City of Firebaugh without first obtaining a commercial cannabis regulatory permit from the City. Other than for deliveries as defined in § 25-41-13.4, the regulatory permit shall be site-specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity, other than deliveries, will be allowed unless specifically identified in the regulatory permit. The issuance of a regulatory permit shall be at the discretion of the City Council. [Amended 7-15-2019 by Ord. No. 19-03]

• e. Applications for regulatory permits and responsible party designation.

  1. Application. Applicants for regulatory permits shall file their applications with the Police Chief and shall include the information set forth herein. The Police Chief may request such additional information he or she deems necessary to determine who the applicant is and what activity may be permitted. The applicant shall certify under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator, all responsible parties known at the time (if different than the business owner), and any other party designated below:

  • (a) The full name, present address, and telephone number.

  • (b) Date of birth.

  • (c) Tax identification number.

  • (d) The address to which notices relating to the application are to be mailed.

  • (e) Previous addresses for the five years immediately preceding the submission of the application.

  • (f) His or her height, weight, and color of eyes and hair.

  • (g) Photographs for identification purposes (photographs shall be taken by the Police Department).

  • (h) All business, occupation, or employment for the five years immediately preceding the submission of the application.

  • (i) The commercial cannabis operation business history, including whether the business owner and responsible parties, while previously operating in this or another city, county or state, has had a cannabis-related license revoked or suspended, the reason therefore, and the business, activity or occupation subsequent to such suspension or revocation.

  • (j) Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application must be accompanied with a notarized acknowledgment from the premises owner that commercial cannabis operations are authorized to occur on the premises.

• (k) A descriptive business plan for the commercial cannabis operation, including a detailed list of all commercial cannabis operations proposed to occur on the premises.

  • (l) A diagram and floor plan of the entire premises, denoting all the use of areas proposed for commercial cannabis operations, including, but not limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

  • (m) The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the City, 24 hours per day. The contact information of the operator and responsible parties shall be provided to the Police Chief and updated within 24 hours of any changes.

  • (n) The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft.

  • (o) An accurate straight-line drawing prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school as set forth in the Operational Requirements.

  • (p) Authorization for the City and its agents and employees to seek verification of the information submitted.

2. Improper or incomplete application. If the applicant has completed the application improperly, or if the application is incomplete, the Police Chief shall, within 30 days of receipt of the original application, notify the applicant of such fact.

   3. Changes in information. Except as otherwise provided, the information required by this Subsection e shall be updated with the Police Chief upon any change within 10 calendar days.

   4. Other permits or licenses. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtained a regulatory permit.

• f. Employee permits.

  1. Permit required. Every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery-related services for a commercial cannabis operation, except for vendors and certificated common carriers, shall obtain an employee permit. It shall be the duty of the operator to ensure that employee permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit, if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.

  2. Application. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so the Police Department can perform a background check:

     • (a) Name, current residence address, and telephone number.

• (b) Date of birth.

  - (c) Tax identification number. 
  
  - (d) His or her height, weight, and color of eyes and hair. 
  
  - (e) Photographs for identification purposes (photographs shall be taken by the Police Department). 
  
  - (f) Fingerprinted by the Police Department. 
  
  - (g) Such other identification and information as deemed necessary by the Police Chief and pertinent to the employee permit. 
  
  - (h) Authorization for the City and its agents and employees to seek verification of the information contained within the application. 
  
  - (i) The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work. 
  

• g. Application fees. Every application for a regulatory permit, employee permit, or employee permit renewal shall be accompanied by a nonrefundable fee, as established by resolution of the City Council. This fee shall be in addition to any other business license fee or permit fee imposed by this Code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks, and the general review and processing of the application. As an alternative to the regulatory permit fee, the City and applicant may enter into a specific project processing costs agreement.

• h. Investigation and action on application.

  1. Upon the filing of a properly-completed application and the payment of the fee, the Police Chief shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Firebaugh Police Department.

  2. For regulatory permits, after the background checks and investigation are complete, and in no case later than 120 days after receipt of a properly completed application, the Police Chief shall issue a recommendation that the City Council approve or deny a regulatory permit in accordance with the provisions of this section. The recommendation for approval shall include conditions the Police Chief deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The recommendation shall be forwarded to the City Council for action following any required noticing and public hearings, and may be processed concurrently with any other development application(s) necessary for the commercial cannabis operation.

  3. For employee permits, after the background checks and investigation are complete, and in no case later than 30 days after receipt of a properly-completed application, the Police Chief shall either approve or deny an employee permit. At the discretion of the Police Chief, employee permits may be conditionally approved pending the background investigation.

• i. Term of permits and renewals. Employee permits issued under this section shall expire one year following the date of issuance. Applications for renewal shall be made at least 45 days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than 45 days before the expiration date, the expiration of the permit will not be stayed.

• j. Grounds for denial of regulatory permit. The City Council may in its sole discretion deny a regulatory permit or limit a regulatory permit to specified uses. When considering whether to deny or limit a regulatory permit, the Council shall consider the following:

  1. Whether the business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule, or regulation.

  2. Whether the business owner or operator has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state; whether that permit was suspended or revoked; and whether the business owner or operator has had disciplinary action relating to the permit.

  3. Whether the business owner or operator has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.

  4. Whether the business owner or operator, or any responsible person, has been:

     • (a) Convicted of a violent felony, as specified in Subdivision (c) of Section 667.5 of the Penal Code ;

     • (b) Convicted of a serious felony, as specified in Subdivision (c) of Section 1192.7 of the Penal Code ;

     • (c) Convicted of a felony involving fraud, deceit, or embezzlement;

     • (d) Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;

     • (e) Convicted of a felony for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code ;

     • (f) Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Sections 12025 or 12025.1 of the Fish and Game Code ;

     • (g) Sanctioned by a licensing authority or a City, county, or City and county for unauthorized commercial cannabis activities, has had a license suspended or revoked

under this division in the three years immediately preceding the date the application is filed with the City.

A conviction for any controlled substance felony subsequent to permitting shall be grounds for revocation of a regulatory permit or denial of the renewal of a regulatory permit. A "conviction" within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendre.

5. Whether the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

6. Whether the business owner or operator is under 21 years of age, or any older other age set by the state.

   7. Whether the cannabis operation complies with the zoning ordinance or development standards of the City of Firebaugh.

   8. Whether the required business license fee, annual regulatory fee, revenue raising fee, or other City fees and/or taxes have been paid.

   9. Such other grounds the Council determines are reasonable.

• k. Grounds for denial of employee permit. The grounds for denial of an employee permit shall be one or more of the following: The applicant has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.

  1. The applicant has been:

     • (a) Convicted of a violent felony, as specified in Subdivision (c) of Section 667.5 of the Penal Code ;

     • (b) Convicted of a serious felony, as specified in Subdivision (c) of Section 1192.7 of the Penal Code ;

     • (c) Convicted of a felony involving fraud, deceit, or embezzlement.

     • (d) Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;

     • (e) Convicted of a felony for drug trafficking with enhancements pursuant to Sections 11370.4 or 11379.8 of the Health and Safety Code ;

     • (f) Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Sections 12025 or 12025.1 of the Fish and Game Code ;

     • (g) Sanctioned by a licensing authority or a City, county, or City and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the City.

  2. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.

  3. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.

  4. An applicant is under 21 years of age, or any older age set by the state.

• l. Notice of decision and final action.

  1. Regulatory permit. Action on the regulatory permit shall be as follows:

     • (a) The Police Chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the City Council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid.

• (b) Following a public hearing, the Council may grant the regulatory permit, limit the regulatory permit to specified uses, or deny the issuance of the regulatory permit for any of the grounds specified in this section. In granting a regulatory permit, the Council may impose such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The decision of the Council shall be final, subject to judicial review below.

  2. Employee permit. Action on the employee permit shall be as follows: The Police Chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified United States mail, postage prepaid. The Police Chief's decision on an employee permit shall be final.

• m. Suspension and revocation of regulatory permit or employee permit.

  1. Regulatory permit. The City Council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:

     • (a) The commercial cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable law.

     • (b) The commercial cannabis operation is conducted in such a manner as to create a risk of danger to the public health or safety.

     • (c) A failure to pay the regulatory fee, the revenue raising fee, or all City taxes as required.

     • (d) A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.

     • (e) A failure to comply with the terms and conditions of the regulatory permit or any conditional use permit issued in connection therewith.

     • (f) Any act which would be considered grounds for denial of the regulatory permit in the first instance.

  2. Employee permit. The Police Chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:

     • (a) Any act which would be considered a ground for denial of the permit in the first instance.

     • (b) Violates any provision of this section, the Act, or any other applicable law relating to the commercial cannabis operation.

     • (c) Violates or fails to comply with the terms and conditions of the employee permit.

  3. Procedures for revoking regulatory permits. For regulatory permits, the procedures for revoking conditional use permits shall be utilized, except that the matter shall be heard by the City Council in the first instance.

4. Procedures for revoking employee permits. Prior to suspension or revocation of an employee permit, the Police Chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified United States mail, postage prepaid to the last known address. Any permittee aggrieved by the decision of the Police Chief to suspend or revoke an employee permit shall have no appeal rights and the Police Chief's decision shall be final, subject to judicial review as set forth in this section.

   5. Immediate suspension. The Police Chief may immediately suspend or revoke a regulatory permit or an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under the following circumstances:

      • (a) The business owner, operator or responsible party is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.

      • (b) The Police Chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Police Chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.

• n. Effect of denial or revocation. When the City Council shall have denied or revoked a regulatory permit, or the Police Chief shall have denied or revoked an employee permit, no new application for a regulatory permit or an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after the action denying or revoking the regulatory permit or employee permit.

• o. Abandonment. A regulatory permit shall be deemed abandoned if commercial cannabis operations cease for a period of more than 90 consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety-day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.

• p. Fees and taxes. All commercial cannabis operations in the City of Firebaugh shall pay applicable fees and taxes, which may include one or more of the following: [Amended 7-15-2019 by Ord. No. 19-03]

1. Business license fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by Title 5, Chapter 5.04, of the Firebaugh Municipal Code pertaining to Business Licensing. [[2]] [2] Editor's Note: See Ch. 4 , Licenses and Business Regulations.

   2. Regulatory license fee. The business owner permitted to operate a commercial cannabis operation within the City of Firebaugh shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of services, including, but not limited to, anticipated enforcement relating to the commercial cannabis operation. The amount of the fee shall be set by resolution of the City Council and be supported by the estimated additional service costs associated with the commercial 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.

   3. Revenue raising fee. An annual revenue raising fee ("revenue raising fee") shall be applied for the privilege of having the right to operate in the City and provided as a condition of the development agreement.

      • (a) Revenue raising fee finding. The City Council specifically finds that it is approving this Ordinance allowing commercial cannabis operations to operate in the City with the express understanding that the business will pay the revenue raising fee to the City as set forth herein, and that without the revenue raising fee, the City Council would not have adopted this Ordinance allowing commercial cannabis operations to operate in the City. By opening a commercial cannabis operation in the City, the premises owner, business owner, operator, and all responsible parties agree that, if the revenue raising fee is challenged by any one of them or a third party and set aside, the business must cease operation.

      • (b) Amount of fee and terms of payment. The revenue raising fee shall be an annual fee of $25 per square foot for the first 3,000 square feet, which shall be the minimum annual fee for all commercial cannabis operations, and $10 per square foot for the remaining space utilized in connection with each commercial cannabis operation. The square footage calculation shall be determined by including all portions of the premises under the control of the business owner and deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the commercial cannabis operation (such as a janitorial closet). The total under-canopy square footage shall be included in the square footage calculation.

      • (c) Dispensary fees and taxes. Dispensaries permitted within the City of Firebaugh shall be subject to the annual business license fee, annual regulatory permit fee based on square footage as set forth in Subsection p3(b) above, and a percentage-based revenue-raising fee as set out in the development agreement for the commercial cannabis operation regulatory permit.

• (d) If more than one commercial cannabis operation operates on the premises, whether within a single building or multiple buildings, each regulatory permit holder shall be responsible for paying the revenue raising fee. The revenue raising fee shall be payable in advance, in not less than quarterly installments, with the first quarterly payment due prior to issuance of a certificate of occupancy. The first payment shall not be prorated, and in no event shall the first payment be less that the equivalent of one full quarterly payment. All quarterly payments shall be received by the City before the end of the quarter.

  - (e) The amount of the revenue raising fee shall be set by resolution of the City Council. 
  
  - (f) Alternative voter-approved tax. If the voters of the City approve a tax on commercial cannabis operations, the business owner shall pay that tax in lieu of the revenue raising fee, once the City begins to collect the tax revenue. 
  

  4. Cannabis taxes. In addition to any other business or license fees required under this § 2541.13 , the business owner or cannabis license holder shall be responsible for collecting and remitting any and all taxes, whatever their nature, that are legally in effect at the time.

• q. Recordkeeping. The responsible party shall make and maintain complete, accurate, and legible records of the permitted commercial cannabis operations evidencing compliance with the requirements of this section. Those records shall be maintained for a minimum of five years.

• r. Inspection. Commercial cannabis operations shall be open for inspection by any City law enforcement officer, City code enforcement officer, or City financial auditor or their designees at any time the commercial cannabis operation is operating, at any other time upon responding to a call for service related to the property where the commercial cannabis operations is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any commercial

cannabis operation shall be made immediately available to the Police Chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.

• s. Indemnification.

  1. In authorizing commercial cannabis operations under this section, the City makes no guarantees or promises as to the lawfulness of the approved activity under state or federal law, and the business owner, operator and all responsible parties are obligated to comply with all applicable laws and regulations. To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to the adoption of this Ordinance or the operation of any commercial cannabis operation approved pursuant to this Ordinance, or under state or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemnify the City, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the state or federal government. An adverse determination could include cessation of operations.

d pursuant to this Ordinance, or under state or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemnify the City, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the state or federal government. An adverse determination could include cessation of operations.

2. The business owner agrees to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to commercial cannabis operations operating under the authority of this Ordinance. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the permittee of its obligation hereunder.

3. If requested by the City Attorney, the business owner shall execute an agreement memorializing the requirements of this subsection.

• a. No person shall smoke, ingest, or otherwise consume cannabis or cannabis products, whether recreational or medical, in the City of Firebaugh, unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings, unless those buildings are at all times fully enclosed during the consumption.

• b. Medicinal cannabis may also be consumed within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.

• c. All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.

The following remedies shall apply for violations of this § 25-41.13 :

• a. Violations for conduct that is not otherwise considered lawful under state law shall be considered misdemeanors and are punishable in accordance with § 1-5.1 of the Municipal Code. Each and every day, or portion thereof, that a violation exists is a separate offense. Persons found in violation of the six-plant limit set forth in § 25-41.13.3a will be subject to prosecution for a misdemeanor violation, punishable by a fine of $1,000 per plant for each plant over the limit and forfeiture of all plants in excess of the six-plant limit. Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this

§ 25-41.13 unlawful, the City intends that the misdemeanor provision be severable from the remaining penalty provisions and the City will only pursue noncriminal remedies for violations of this § 25-41.13 .

• b. The City may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.

  1. Any use or condition caused or permitted to exist in violation of any of the provisions of this § 25-41.13 shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to the City of Firebaugh Municipal Code.

  2. The violation of any provision of this § 25-41.13 shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief.

• c. Any person who violates the provisions of this § 25-41.13 may be subject to an administrative fine of up to $1,000 for each violation and for each day the violation continues to persist.

• d. All remedies set forth in this section are not exclusive and the exercise of any remedy does not preclude the exercise of any other remedy that may now or subsequently exist in law or in equity or by statute or otherwise.

The provisions of this § 25-41.13 are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this § 25-41.13 , or of the regulatory permit issued pursuant to this § 2541.13 , or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this § 25-41.13 or of any regulatory permit issued pursuant hereto.

Judicial review of a decision made under this § 25-41.13 may be had by filing a petition for a writ of mandate with the Superior Court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within 90 days after the day the decision becomes final, as provided in California Code of Civil Procedure Section 1994.6, [[1]] which shall apply for such actions.

• [1] Editor's Note: So in original.