Chapter 6 — CANNABIS AND INDUSTRIAL HEMP OPERATIONS

The purpose and intent of this chapter is to incorporate, adopt, and regulate, where permitted, the state of California's Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) of 2017, including any amendments thereto.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

90406.01 - Interpretation and applicability.

A.

Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California Law.

B.

Nothing in the chapter is intended, nor shall it be construed, to exempt any cannabis or industrial hemprelated activity from any applicable local or state construction, environmental, electrical, plumbing, land use, labor or employment laws or any other building or land use standards or permitting requirements.

C.

Nothing in this chapter is intended, nor shall it be construed, to make legal any commercial cannabis activity that is otherwise prohibited or non-compliant under California law.

D.

All commercial cannabis and industrial hemp-related activities within the unincorporated areas of Imperial County shall be subject to the provisions of this chapter, regardless of whether the use existed or occurred prior to adoption of this chapter.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

Unless otherwise specified herein, the terms used in this chapter shall be used as defined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and Title 14 of the Imperial County Codified Ordinances.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

All personal cultivation of cannabis shall be in accordance with MAUCRSA, California Health and Safety Code Division 10 Article 2 Section 11362.2, Title 14 of the Imperial County Codified Ordinances, and this section. Personal cultivation of cannabis shall be subject to the following additional restrictions:

A.

Personal cultivation of cannabis shall only be allowed in zones that provide for residential use as a primary use per Title 9, Division 5.

B.

All personal cultivation of cannabis shall be conducted either inside a private residence, or within a fully enclosed and secured accessory structure located in the rear yard of a private residence that is not visible by normal unaided vision from a public place and does not exceed one hundred (100) square feet.

C.

Personal growth of cannabis is limited to six plants per legal private residence.

D.

The growing area shall not impact areas that are required to satisfy parking requirement (i.e., garage) for the primary use of the lot.

E.

The maximum electrical panel for the personal cultivation area shall be fifty (50) amps. Except for temporary use in case of emergency power loss, the use of generators to supply power to any system or activity associated with personal cultivation is prohibited.

F.

Light systems used for personal cultivation shall not exceed two thousand (2,000) watts total, and shall be shielded, including adequate coverings on windows, so as to confine light and glare to the interior of the structure. Lighting systems shall conform to all applicable building and electrical codes.

G.

The personal cultivation area shall be equipped with odor control filtration and ventilation system(s) adequate to prevent odor, humidity, or mold problems on the premises and adjacent parcels.

(Ord. No. 1565, §§ 1, 2, 12-15-20)

Commercial Cannabis activities are permitted within the unincorporated areas of the County of Imperial, in accordance with the most current State and County Regulations and prescribed as follows:

A.

Cannabis Operations: All forms (unless otherwise directed below).

Imperial County permits commercial cannabis: Including Cultivation, Nursery, Manufacturing (including processing and storage), Distribution, Testing Laboratories, and Retail (adult-use and medicinal) with Delivery within the Gateway Industrial (GI) Zone of the Gateway of the America's Specific Plan Area, the Light Industrial (MLH) Zone of the Mesquite Lake Specific Plan (for cultivation, microbusiness and retail only), and the Medium Industrial (MLI2) and Heavy Industrial (MLI3) Zones of the Mesquite Lake Specific Plan Area.

The cultivation of commercial cannabis is also permitted within the Imperial Center Commercial Zone (ICCZ) of the Imperial Center Specific Plan.

B.

Cannabis Operations: Retail with delivery (retail sales only).

Imperial County permits commercial cannabis: including, Retail with Delivery (adult-use and medicinal) within the Gateway Commercial (GC) and Gateway Central Commercial Overlay (GCCO) Zones of the Gateway of the America's Specific Plan Area, as well as the Light Industrial (MLI1), Medium Industrial (MLI2) and Heavy Industrial (MLI3) Zones of the Mesquite Lake Specific Plan Area and within the Imperial Center Commercial Zone (ICCZ) of the Imperial Center Specific Plan.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Commercial Cannabis activities are permitted with an approved Conditional Use Permit (CUP) within the unincorporated areas of the County of Imperial, in accordance with the most current State and County Regulations and prescribed as follows:

A.

Cannabis Operations: All forms (unless otherwise directed below).

Imperial County permits with an approved Conditional Use Permit (CUP) commercial cannabis: including Cultivation, Nursery, Manufacturing (including processing and storage), Distribution, Testing Laboratories, Retail (adult-use and medicinal) with Delivery within the Light Industrial (M-1) and Medium Industrial (M-2) Zones of Imperial County, the Agricultural Related Light Industrial (AM-1) (Manufacturing only) and Agricultural Related Medium Industrial (AM-2) Zones (Manufacturing only). Distribution are allowed in the Imperial Center Specific Plan Area with a CUP.

B.

Cannabis Operations: Retail with delivery, distribution and testing.

Imperial County permits with an approved Conditional Use Permit (CUP) commercial cannabis operations for Retail with Delivery, Distribution and Testing (adult-use and medicinal) within the General Commercial (C-2) Zone. Retail with Delivery is also allowed in the Heavy Commercial (C-3) Zones of Imperial County.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90406.06 - Industrial hemp activity zoning.

Industrial Hemp activities are permitted within the unincorporated areas of the County of Imperial, in accordance with the most current State and County Regulations and prescribed as follows:

A.

Industrial Hemp Cultivation:

Imperial County permits Industrial Hemp: including, the cultivation, harvesting, and testing, and light processing within the General Agricultural (A-2) and Heavy Agricultural (A-3), Agricultural Related Light Industrial (AM-1) and Agricultural Related Medium Industrial (AM-2) Zones of Imperial County as well as Gateway Industrial (GI),

Gateway Commercial (GC), Gateway Central Commercial Overlay (GCCO) Zones of the Gateway Specific Plan (on undeveloped areas that are currently being used for cultivation), the Medium Industrial (MLI2) and Heavy Industrial (MLI3) of the Mesquite Lake Specific Plan (on undeveloped areas that are currently being used for cultivation).

B.

Industrial Hemp Operations: Processing:

Imperial County permits the processing of Industrial Hemp into semi-finished and finished products within the Light Industrial (M-1) and Medium Industrial (M-2) Zones of Imperial County, Agricultural Related Light Industrial (AM-1) and Agricultural Related Medium Industrial (AM-2) Zones of Imperial County, the Medium Industrial (MLI2) and Heavy Industrial (MLI3) of the Mesquite Lake Specific Plan.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

90406.07 - Industrial hemp activity zoning (conditional use permit).

Industrial Hemp activities are permitted with an approved Conditional Use Permit (CUP) within the unincorporated areas of the County of Imperial, in accordance with the most current State and County Regulations and prescribed as follows:

A.

Industrial Hemp Operations with a Conditional Use Permit (CUP).

Imperial County permits the manufacturing of Industrial Hemp into semi-finished and finished products with an approved Conditional Use Permit (CUP) within the Heavy Agricultural (A-3) Zones.

(Ord. No. 1565, §§ 1, 2, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Chapter 7 - ELECTRICAL VEHICLE CHARGING STATIONS

Sections:

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.

The streamline permit process for Electric Vehicle Charging Stations shall be subject to Division 32 "Administrative Permit Streamline Ordinance" of the Imperial County Land Use Ordinance Title 9.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

This chapter applies to the permitting of all electric vehicle charging systems in the unincorporated areas of Imperial County. Electric vehicle charging systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90407.02 - Definitions.

"Electric vehicle charging station or charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.

"Electronic submittal" means the utilization of one or more of either electronic mail, the internet, or facsimile.

"Feasible method to satisfactorily mitigate or avoid the specific adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the County on another similarly situated application in a prior successful application for a similar permit.

"Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90407.03 - Electrical vehicle charging system requirements.

A.

All electric vehicle charging systems shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

B.

Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

C.

Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90407.04 - Duties of the county's building official.

A.

All documents required for submission of an electric vehicle charging system application shall be made publicly available on the County's website.

B.

By resolution, the Board of Supervisors shall adopt a checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review.

C.

The electric vehicle charging system permit process and checklist shall substantially conform to recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist contained in the Zero-Emission Vehicles in California: Community Readiness Guidebook adopted by the Governor's Office of Planning and Research.

D.

The County building official shall allow the electronic submittal of the electric vehicle charging station application.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90407.06 - Permit requirements.

A.

Review of the permit application shall be limited to the County building official's review of whether the application meets local, State and Federal health and safety requirements. The application shall be administratively reviewed by the County building official as a nondiscretionary permit.

B.

The County shall not condition approval of an application on the approval of an association, as that term is defined by Civil Code section 4080.

C.

An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance, when the chief building official determines that the application satisfies all the requirements found in the checklist found on Section.

D.

If an application is deemed incomplete, a written plan check correction notice will be available to the applicant within ten (10) working days, detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be given to the applicant for resubmission.

E.

The County building official, in consultation with the Planning and Development Services Director, may require an applicant to apply for a conditional use permit if the building official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety. The building official's decision to require a conditional use permit may be appealed by the applicant to the Planning Commission pursuant to chapter 1.06 of this Code.

F.

If a conditional use permit is required, the application for the conditional use permit may be denied if the Planning Commission makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact. Such decisions may be appealed to the Board of Supervisors pursuant to chapter 1.06 of this Code.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

90407.07 - Permitting electric vehicle charging stations scorecard.

Scorecard taken from the Governor's Office of Business and Economic Website.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Division 5 - ZONING AREAS ESTABLISHED[[2]]

Footnotes:

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Editor's note— Secs. 3, 4, of Ord. No. 1565, adopted December 15, 2020, amended Div. 5, Chs. 1—20, in its entirety to read as herein set out. Former Div. 5, Chs. 1—20 pertained to the same subject matter and derived from Ord. No. 1551, adopted October 15, 2019.