§ 22.40 — San Luis Obispo County Planning Code

22.40.010 - Purpose of Chapter. ¶

The purpose of this Chapter is to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls in compliance with State law and federal enforcement guidelines, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment in the unincorporated areas of San Luis Obispo County by establishing minimum land use requirements for cannabis activities. Cannabis activity, as defined in Chapter 22.80 of Title 22, includes the cultivation, possession, manufacturing, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis or a cannabis product. Unpermitted cannabis activities are a public nuisance which constitute an immediate threat to public health and safety, and may, at the discretion

of the enforcing officer, be summarily abated in accordance with the procedures authorized by County Code or other law and any or all costs of such summary abatement may be recovered from the owner of the real property where the nuisance is found in addition to any other responsible party. Therefore, this Chapter recognizes that cannabis activities require land use controls due to the unique federal and State legal constraints on cannabis activity, and the potential environmental and social impacts associated with cannabis activity. These standards cannot be waived or modified through Conditional Use Permit approval, except as specifically noted.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2024, Ord. 3512]

22.40.020 - Applicability. ¶

California Business and Professions Code Section 26067 specifies: "For the purposes of this division [Division 10], cannabis is an agricultural product." However, the identification of cannabis as an agricultural product does not extend to other areas of the law. For example, cannabis is not an agricultural commodity with respect to local "right to farm" ordinances. Additionally, cannabis cultivation has never been considered "crop production and grazing" (a land use type) as that term is defined in the San Luis Obispo County General Plan or Titles 22 and 23, and is therefore not exempt from land use permitting requirements.

Except as provided in Section 22.40.030 of this Chapter, cannabis activities shall not be allowed in the unincorporated areas of San Luis Obispo County without first securing all permits, licenses, or other entitlements required by County ordinance and State law and regulation.

For the purposes of this Chapter, cannabis does not include "industrial hemp" as that term is defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code, as they may be amended. For regulations pertaining to the cultivation of industrial hemp see Section 22.30.244. For regulations pertaining to industrial hemp processing refer to Section 22.30.070. Persons claiming plants do not fall under this Chapter bear the burden of presenting evidence demonstrating the plants are industrial hemp, and not cannabis, including, but not limited to, providing THC testing, germplasm, cultivar, strain and/or clone information, as well as evidence the operation is in compliance with state law. Any violation of state law related to industrial hemp shall be considered a violation of this Chapter and subject to the enforcement procedures and provisions set forth under Sections 1.05.080, 22.40.130, and 22.74.150.

For the purposes of this Chapter, "site" means any lot or parcel of land or contiguous combination thereof, under the same ownership.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424]

22.40.030 - Exemptions from Land Use Permit Requirements. ¶

The provisions of this Section are applicable in all land use categories. In all cases, activities that are exempt under this Section shall be accessory to a legally established and permitted residential use. Any development utilized for activities that are exempt under this Section shall be legally established and permitted, and shall meet all other requirements of the County Code and all State regulations and provisions as they may be amended for personal and commercial cannabis activities. Any exempt cannabis

activity carried on under this Section shall comply with all other applicable provisions of this Title and the following standards:

A.

All exempt activities shall be conducted indoors in a legally established structure.

B.

All exempt grows shall comply with the following minimum standards in Section 22.40.050:

1.

Odor control requirements pursuant to Subsection D.8.

2.

Pesticide management requirements pursuant to Subsection D.9.

C.

Cannabis cultivation for personal use. Possession or storage of cannabis, or cultivation of cannabis for personal use, where indoor cultivation does not exceed one hundred (100) square feet of total canopy area of cannabis and does not exceed six (6) plants, including both mature (flowering) and immature plants per dwelling unit, is exempt from the land use permit requirements contained in this Chapter. Cultivation of

cannabis by an individual shall be located indoors in a legally established dwelling or accessory structure that is fully enclosed and secured. Outdoor cultivation is not permitted under this exemption, and is thereby subject to the permit requirements of Sections 22.40.040 and 22.40.050.

Under this exemption, the individual that, possesses, stores, or cultivates cannabis shall do so exclusively for his or her personal use, and shall not provide, donate, sell, or distribute cannabis to any other person, except as otherwise allowed by State law. Use of this exemption is limited to one per dwelling unit.

D.

Cannabis cultivation by a primary caregiver. Possession or storage of medical cannabis, or cultivation of up to one hundred (100) square feet of total canopy area of medical cannabis by a primary caregiver within the meaning of Section 11362.7 of the California Health and Safety Code, on behalf of qualified patients, with not more than six (6) plants total, including both mature (flowering) and immature plants, per site, is exempt from the land use permit requirements contained in this Chapter, provided the primary caregiver does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the California Health and Safety Code. Cultivation of medical cannabis by a primary caregiver shall be located indoors in a legally established dwelling or accessory structure that is fully

requirements contained in this Chapter, provided the primary caregiver does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the California Health and Safety Code. Cultivation of medical cannabis by a primary caregiver shall be located indoors in a legally established dwelling or accessory structure that is fully

enclosed and secured; outdoor cultivation is not permitted under this exemption, and is thereby subject to the permit requirements of Sections 22.40.040 and 22.40.050. Primary caregivers shall provide appropriate documentation to enforcement personnel demonstrating that they are the primary caregiver for a qualified patient.

Primary caregivers, while exempt from the requirements contained in this Chapter, are required to obtain Business License authorization pursuant to Title 6 of the County Code to remain in compliance with this Section.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390]

22.40.040 - Requirements for All Cannabis Activities. ¶

The application for a land use permit and for amendments thereto, shall be processed in accordance with Chapter 22.60. Notwithstanding the foregoing, and in addition to all other remedies available under this Title, the procedures for revocation of a land use permit granted under this Chapter shall be as set forth in Sections 22.40.110 and 22.40.120 of this Chapter. The following requirements apply to all cannabis activities not otherwise exempted by this Chapter.

A.

Application requirements.

1.

Site plan, floor plans, and a general description of the nature, square-footage, and type of cannabis activity(ies) being requested shall be submitted with the land use permit application.

2.

An application for a project that includes indoor cultivation, indoor ancillary nursery or indoor commercial nursery shall include the following:

a.

A detailed inventory of energy demand prepared by a Certified Energy Analyst. The inventory shall include an estimate of total energy demand from all sources associated with all proposed cannabis cultivation activities including, but not limited to, lighting, odor management, processing, manufacturing and climate control equipment. The quantification of demand associated with electricity shall be expressed in total kilowatt hours (kWh) per year; demand associated with natural gas shall be converted to kWh per year.

b.

Specific steps to be taken to minimize energy demand and greenhouse gas emissions associated with the project. Such steps may include, but are not limited to:

i.

Source project energy demands from renewable energy sources;

ii.

Evidence documenting the permanent retrofit or elimination of equipment, buildings, facilities, processes, or other energy saving strategies to provide a net reduction in electricity demand and/or GHG emissions.

iii.

Construction of a qualified renewable energy source such as wind, solar photovoltaics, biomass, etc., as part of the project.

iv.

Purchase of greenhouse gas offset credits from recognized and reputable voluntary carbon registries.

v.

Installation of battery storage to offset nighttime energy use.

vi.

Any combination of the above or other qualifying strategies or programs that would achieve a reduction or offset of project energy demand and GHG emissions.

3.

Evidence documenting that the site has legal access to a public road.

4.

Evidence the applicant has submitted a business license application to the County Tax Collector and obtained background check approval from the Sheriff's Office.

5.

All cannabis activities shall include an operations plan including at a minimum, the following information:

a.

On-site security measures consistent with guidance issued by the Sheriff's Office, both physical and operational and, if applicable, security measures for the delivery of cannabis associated with the commercial cannabis business;

b.

Odor management plan;

c.

Size, height, colors, and design of any proposed signage at the site;

d.

Parking plan consistent with Chapter 22.18;

e.

Proof of ownership or lease agreement with landowner's consent;

f.

Employee safety and training plan;

g.

Hours of operations, including any shifts;

h.

Number of anticipated employees at full build out, and if applicable, include the number of employees per shift;

i.

Estimated number of cannabis and non-cannabis deliveries to and from the site;

j.

A statement on neighborhood compatibility and a plan for addressing potential compatibility issues;

k.

Waste management plan consistent with Sections 22.10.150. B and C.; and

l.

Vicinity map showing at least one-thousand (1,000) feet of surrounding area and the distances to the following uses: any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the site that contains the cultivation to the nearest point of the property line of the enumerated use using a direct straight-line measurement.

B.

Vertical integration. Any land use permit proposing more than one cannabis activity on one site shall be subject to Conditional Use Permit approval. This requirement does not apply to activities which qualify as ancillary to another cannabis activity in accordance with this Chapter.

C.

Previous violations. Any site proposing cannabis activities where there have been verified violations of a County ordinance or other laws relating to cannabis within the last twenty-four (24) months shall require a Conditional Use Permit approval.

D.

Security. Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained in accordance with guidance issued by the Sheriff's Office. Security measures shall include, but are not limited to, the following:

1.

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

2.

Store all cannabis in a secured and locked structure or behind a secured and locked fence, and all cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss.

E.

Site posting. The owner shall post on site all required land use permit approvals and all required County and State permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport cannabis.

F.

Records. The owner and all permittees of all cannabis activities requiring land use permit approval shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation, which shall be made available to the County upon request.

G.

Compliance. The owner and all permittees of all cannabis activities requiring land use permit approval shall conduct cannabis activities in compliance with all required County permits, State licenses, County ordinance, and State law and regulation. The owner shall be responsible for the payment of all required fees and taxes. The owner shall comply with all business license requirements and tax collector guidelines and requirements.

H.

Inspection. All sites with cannabis activities, including proposed or permitted, are subject to review and inspection from law enforcement or any agents of the State or County charged with enforcement of this Chapter.

I.

Operation. No person shall operate a commercial cannabis business under a commercial cannabis land use permit issued pursuant to this Chapter at any place or location, or in any manner other than that identified on the permit.

J.

State license required. One or more of the State cannabis license types set forth in California Business and Professions Code and all other applicable regulatory permits shall be obtained and maintained in good

status by the permittee in order for a land use permit issued under this Section to remain valid.

K.

Pesticides. Approved cannabis operations employing the use of pesticides shall also obtain the appropriate pesticide use permitting from the Department of Agriculture/Weights and Measures. Application of pesticides and fertilizers must comply with County, State, and Federal regulations.

L.

Water quality. Cannabis cultivation shall operate pursuant to a permit from the Central Coast Regional Water Quality Control Board (CCRWQCB). Until the permitting process is in place, all cannabis cultivators shall adhere to the environmental measures outlined by CCRWQCB.

M.

Location. All cannabis activities are prohibited on sites that are surrounded by federal land or on property where the only access to a site is through federal land.

N.

Solid waste and recycling. Cannabis activities (regardless of the site's location) shall provide solid waste and recycling collection consistent with Sections 22.10.150.B and C.

O.

Monitoring program. All land use permits for cannabis activities shall require the applicant's participation in a County-run monitoring program. The monitoring program shall be funded by applicants and will be used to conduct site visits and inspections of all commercial cannabis sites to verify compliance with this chapter and conditions of approval for the land use permits. The applicable program fees shall be collected by the County at the time of Business License issuance and on a monthly, quarterly, or annual basis thereafter as assessed by the County. Sites with inspection reports that indicate failure to comply with the standards of this Chapter are subject to permit revocation pursuant to Section 22.40.120 and/or Business License non-renewal.

P. Public notice.

1.

Prior to application submittal. The applicant shall submit evidence that the neighboring property owners and the applicable advisory group were notified of the request prior to the submission of the land use permit to the county. This notice shall be provided by the applicant sending a letter using the form provided by the Department of Planning and Building. The letter shall be mailed or delivered at least 10 days prior to application submittal to the applicable advisory group and to all owners of real property as shown on the latest equalized assessment roll within 1,000 feet of the subject site.

Public hearing notice. Public notice shall be provided to owners of property within a minimum of 1,000 feet of the exterior boundaries of the proposed site and to all property owners fronting any local roads that serve the facility back to an arterial or collector, instead of in the manner normally required for public hearings by Section 22.70.060. Public notice may be required to be provided to properties greater than 1,000 feet away for certain applications at the discretion of the Director of Planning and Building.

Q.

Use of a Residence. Except for those activities considered exempt pursuant to Section 22.40.030, no structure or portion thereof used for residential purposes, including vacation rentals, shall be used for Cannabis Activities.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424; 2024, Ord. 3512]

22.40.050 - Cannabis Cultivation.

A.

Limitation on use. Except as provided in Section 22.40.030, cannabis cultivation may only be permitted in the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), and Industrial (IND) land use categories with a land use permit in each case and as may further be restricted by this Title.

1.

Limit on cultivation type allowed. Outdoor cannabis cultivation shall be prohibited in the Industrial (IND) and Residential Rural (RR) land use categories.

2.

Limit on the number of cannabis cultivation sites. The maximum number of cannabis cultivation sites in the unincorporated portions of the County shall be limited to 141, and as follows:

a.

Indoor cultivation. Any site, as defined by this Chapter, in the AG, IND, RL, or RR land use category may receive land use permit approval for indoor cannabis cultivation with a maximum of 22,000 square feet of cannabis canopy and shall occur entirely within the designated and approved cannabis cultivation area(s).

b.

Outdoor cultivation. Any site, as defined by this Chapter, in the AG or RL land use category may receive land use permit approval for outdoor cannabis cultivation, including any cannabis cultivation within a cannabis hoop structure, which shall occur entirely within the designated and approved cannabis cultivation area(s), as follows:

Within the Agriculture (AG) land use category on sites between 10 and 25 acres in area, the maximum area of outdoor cannabis canopy is two (2) acres.

Within the Agriculture (AG) land use category on sites greater than 25 acres in area, the maximum area of outdoor cannabis canopy is three (3) acres.

Sites within the Rural Lands (RL) land use category shall be limited to a maximum area of outdoor cannabis canopy of one acre.

3.

Ancillary activities. Cannabis cultivation operations may include the following ancillary activities:

a.

Cannabis nursery. A separate area for cannabis nursery for on-site use may be established, provided the nursery area (inclusive of walkways) does not exceed 25% of the approved cannabis cultivation area. The immature plants, seeds or clones shall not be sold or transported off site. Any area solely allocated for use as an ancillary cannabis nursery shall be subject to the location and setback standards set forth under Section 22.40.060.E.1 and 3.

b.

Cannabis processing. Cannabis grown on site may be processed in an on-site, non-residential structure. This does not include cannabis manufacturing, which would otherwise require Conditional Use Permit approval when done in conjunction with cannabis cultivation. Drying is allowed within a greenhouse, provided it occurs within (and does not exceed 25% of) the approved cultivation area for indoor cannabis cultivation. The drying of cannabis is not allowed within unpermitted structures, such as cannabis hoop structures. Except for structures used for cultivation, which are subject to standards set forth in Section 22.40.050.D, any structures used for processing shall be subject to the location and setback standards set forth under Section 22.40.065.D.1.a and D.3.

c.

Cannabis transport. Cannabis grown or processed on site may be transported to certain license types, as specified by State law. Only cannabis grown on site or cannabis products manufactured with cannabis grown on site shall be transported under this provision. The transport operation shall be conducted from a non-residential structure.

B.

Land use permit required. A Minor Use Permit is required for all cannabis cultivation, unless a Conditional Use Permit is required by another Section of this Title.

1. Reserved.

2.

Relocation of a permitted cannabis cultivation operation. When a site owner and cultivation permittee elect to vacate a cannabis cultivation operation that is operating pursuant to an approved land use permit and relocate the operation to a new site, a new application, discretionary land use permit, and CEQA compliance action shall be required, but such applicants shall not be subject to otherwise-required permit

allocation procedures and limitations, as specified in subsection B.1. All such applicants shall comply with the following:

a.

Obtain all necessary permits for the new site, including, but not limited to, a new land use permit pursuant to this Chapter.

b.

The applicant shall submit, with their land use permit application for the new site, written notification from the landowner of the current site that the landowner agrees to vacate the approved cannabis cultivation operation.

c.

On or before the effective date for the land use permit on the new site (15 days after its approval, or upon final action, if the approval is appealed), the cannabis operation on the previous site shall be vacated.

d.

The applicant is responsible for complying with the requirements of the State and the County Tax Collector as applicable to any State license or County-issued Business License for the new site.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

Site plan including parcel location, size, and dimensions, identification of all existing and proposed structures onsite, existing and proposed utilities/utility connections, proposed access road improvements, proposed tree removal or trimming, and floor plans of existing or proposed structures in which cannabis cultivation activities and any supportive/ancillary business operations would occur.

2.

A general description of the nature, square-footage, and type of cannabis activity(ies) being requested, including, but not limited to, number of harvests anticipated per year, total volume (in cubic yards) of proposed earthwork, number and species of trees to be removed or trimmed, and height and materials of proposed fencing. If outdoor cannabis cultivation is proposed, include clarification as to whether plants would occur in the ground or in above-ground planters and whether hoop structures are proposed.

3.

A detailed water management plan including the proposed water supply, proposed conservation measures, and any water offset requirements.

A four-hour pump test performed on all wells to be used for cannabis cultivation within the last 12 months of application date.

5.

Information regarding stormwater control and wastewater discharge, including, but not limited to, total area of proposed impervious surfaces and identification of existing stormwater control features onsite.

6.

A list of all pesticides, fertilizers, and any other hazardous materials that are expected to be used in the cultivation process.

7.

A storage and hazard response plan for all pesticides, fertilizers, and any other hazardous materials kept on the cultivator's site.

8.

A description of any proposed ancillary activities, pursuant to Section 22.40.050(A)(3). The site plan shall identify any proposed structures associated with ancillary activities.

D.

Cultivation standards.

1.

Location. Cannabis cultivation shall not be located within one thousand (1,000) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the site that contains the cannabis cultivation to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section. This location standard may be modified through Minor Use Permit approval to reduce the distance to six hundred (600) feet. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.050(E)(2).

2.

Minimum site area.

a.

Outdoor cultivation. Outdoor cannabis cultivation is limited to sites that meet the minimum site area by land use category listed below:

Agriculture (AG) .....10 acres

Industrial (IND) .....Not allowed

Residential Rural (RR) .....Not allowed

Rural Lands (RL) .....50 acres

b.

Indoor cultivation. Indoor cannabis cultivation is limited to sites that meet the minimum site area by land use category listed below:

Agriculture (AG) .....10 acres

Industrial (IND) .....No minimum

Residential Rural (RR) .....20 acres

Rural Lands (RL) .....50 acres

3.

Setbacks.

Indoor cannabis cultivation shall be within a fully enclosed building that has been setback as set forth in Section 22.30.310.

b.

Outdoor cannabis cultivation shall be setback a minimum of 300 feet from the property lines of the site or public right-of-way, whichever is closer.

c.

Indoor cannabis cultivation shall be setback 100 feet from any existing offsite residence, swimming pool, patio, or other living area of separate ownership. A new adjacent use does not affect the continuation of an existing use that was legally established under the standards of this Section.

d.

All cannabis cultivation shall be setback at least 50 feet from the upland extent of riparian vegetation of any watercourse, and 100 feet from any wetland, and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

e.

Setbacks may be modified through Minor Use Permit approval, except for setbacks required by the California Building Code, or for the resource setbacks identified in subsection d above.

4.

Air quality. Cannabis cultivation sites located on an unpaved public or private road as defined in Title 20 shall provide, at a minimum, the following, in order to mitigate the air pollution (i.e. dust) effects created by the use prior to the establishment of the use.

a.

A mitigation plan for continuing dust control from the property frontage to the nearest County-maintained road. The plan may be modified to adjust for changed conditions or to improve the effectiveness of the dust reducing technology. The plan and all modifications to the plan are subject to review and approval by the Review Authority.

b.

Evidence of road maintenance provided by the County, State, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.

c.

An agreement, to support and not protest: the formation of an assessment district or; the creation of another funding mechanism. The consenting person(s) retains all due process rights as to any term or condition that was unknown at the time of application approval. The consenting person(s) may contest the specific proportionality rate or other term or condition of the assessment or funding mechanism.

5. Water.

a.

Cannabis cultivation sites that require a land use permit and are in a groundwater basin at Level of Severity III shall provide an estimate of water demand prepared by a licensed Professional Geologist, Certified Engineering Geologist, or Certified Hydrogeologist or other expert on water demand, as approved by the Director of Planning and Building, and a detailed description of how the new water demand will be offset. All water demand within a groundwater basin at Level of Severity III shall offset at a minimum 1:1 ratio. All water demand within an identified Area of Severe Decline shall offset at a minimum 2:1 ratio. Offset clearance shall be obtained, prior to establishment of the use or receipt of Business License Clearance pursuant to 22.62.020, through an approved project specific or a County approved water conservation program for the respective groundwater basin, that has been subject to environmental review, expressly provides water offsets for cannabis activities, and results in a verifiable reduction of water demand equal to, or exceeding, the required water demand offset for the life of the project. For clarification and not limitation, Planning Area Standards under Article 9 of the land use ordinance which apply water offset requirements on development for non-agricultural purposes, including, but not limited to, Section 22.94.025, do not apply to or supersede the offset requirements under this subsection for cannabis cultivation, nursery or processing uses.

b.

Irrigation water supplies for cannabis cultivation shall not include water transported by vehicle from off-site sources.

6.

Screening and Fencing. Cannabis plants shall not be easily visible from offsite. All cannabis cultivation activities shall occur within a secure fence at least six (6) feet in height that fully encloses the cultivation area(s) and prevents easy access to the cultivation areas (indoor and/or outdoor). The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.

The required fencing and screening are subject to the following standards instead of Section 22.10.080:

a.

Fencing shall be constructed of durable materials for security purposes.

b.

Fencing materials shall be solid, such as wood, masonry or chain-link with security slats. All fencing and/or walls shall be made from material that blends into the surrounding terrain and shall minimize any visual impacts. Tarpaulins, scarp material, dust guard fencing, privacy netting, or woven or non-woven polyethylene plastic, hedges, or bushes are not considered as fencing.

c.

Solid fencing shall be located outside of setback areas (LUO 22.10.140).

d.

Where necessary, fencing shall be designed to allow for the movement of wildlife.

e.

Fencing and screening shall conform with the fencing and screening standards contained Articles 9 or 10, specific plans, community plans or design plans.

f.

Substitution for indoor cultivation. Where the proposed structures are designed to provide the functional equivalent of fencing for security, and opacity for screening, fencing around indoor cultivation structures may be waived or modified as specified below.

This section may be waived or modified through Minor Use Permit or Conditional Use Permit approval, provided the review authority first finds that specifically identified characteristics of the site or site vicinity would make the required fencing or screening unnecessary or ineffective, and, if applicable, would enhance neighborhood compatibility and minimize impacts to viewsheds. Waiver or modification of fencing or screening requirements may result in, or be granted in conjunction with, additional or alternative security measures being required by the Sheriff's Office in accordance with Section 22.40.040.D.

Renewable energy. All sites engaging in artificial light or mixed-light indoor cannabis cultivation shall comply with State regulations regarding energy requirements.

8.

Nuisance Odors. All cannabis cultivation shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

9.

Pesticides. Pesticides and fertilizers shall be properly labeled, stored, and applied to avoid and prevent contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

10.

Outdoor Lighting. Outdoor lighting shall be used for the purpose of illumination only and is subject to the provisions of Sections 22.10.060(B) through (F). Outdoor lighting shall not be located within the outdoor cannabis or nursery canopy area, used for photosynthesis, mixed-light processes, other purposes intended to manipulate cannabis plant growth, or in conjunction with cannabis hoop or shade cloth structures, whether attached or not to a cannabis hoop or shade cloth structure. Temporary lighting, whether powered by a portable generator or permitted electrical service, is prohibited. Any exterior lighting used for security purposes shall be motion activated, be located and designed to be motion activated, and shall be directed downward and to the interior of the site to avoid the light source from being visible off-site, and shall be the lowest-lumen necessary to address security issues. Where necessary, outdoor lighting shall be designed to minimize impacts to wildlife.

11.

Interior Lighting. All facilities shall prevent interior lighting from being detected outside the facilities between the period of 1 hour before dusk and 1 hour after dawn. All Facilities employing artificial lighting techniques shall include shielding and/or blackout tarps that are engaged between the period of 1 hour before dusk and 1 hour after dawn and prevent any and all light from escaping.

E.

Required findings. In addition to the mandatory findings required by Section 22.62.060.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this subsection:

1.

The cannabis cultivation, as proposed, will comply with all the requirements of State and County for the cultivation of cannabis, including dual licensure and participation in an authorized track-and-trace program;

2.

The cannabis cultivation will not be located within one thousand (1,000) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required one thousand (1,000) foot location standard unnecessary or ineffective. The cannabis cultivation will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective.

3.

The cannabis cultivation includes adequate measures that minimize use of water for cannabis cultivation at the site;

4.

The cannabis cultivation includes adequate quality control measures to ensure cannabis cultivated at the site meets State regulatory standards;

5.

The cannabis cultivation includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are not supplied to unlicensed or unpermitted persons within the State and not distributed out of state.

6.

(For cultivation sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

7.

(For setback modifications only.) Specific conditions of the site and/or vicinity make the required setback unnecessary to achieve compatibility with the surrounding land uses. Modification of the setback will not allow nuisance odor emissions from being detected offsite.

8.

(For fencing and screening modifications only.) Specific conditions of the site and/or vicinity make the required fencing or screening unnecessary or ineffective, and, if applicable, would enhance neighborhood compatibility and minimize impacts to viewsheds.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424; 2024, Ord. 3512]

22.40.060 - Cannabis Nurseries. ¶

A.

Limitation on use. Cannabis nurseries shall be limited to the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), and Industrial (IND) land use categories. Cannabis nurseries in the Industrial and Residential Rural land use categories shall be limited to indoor propagation only.

B.

Ancillary Activity. Cannabis nursery operations may include the following ancillary activity:

1.

Cannabis transport. Immature plants and seeds grown on site may be transported to certain license types, as specified by State law. Cannabis nursery plants (immature and/or seeds) not grown on site shall not be transported under this provision. The transport operation shall be conducted from a non-residential structure.

C.

Land use permit required.

1.

Minor Use Permit. A Minor Use Permit is required for all cannabis nurseries, unless a Conditional Use Permit is required by another Section of this Title.

2.

Conditional Use Permit. A Conditional Use Permit is required for cannabis nurseries 75,000 square-feet or greater in the Residential Rural land use category.

D.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

A detailed water management plan including the proposed water supply proposed conservation measures, and any water offset requirements.

2.

A four-hour pump test performed on all wells to be used for cannabis cultivation within the last 12 months of application date.

4.

A list of all pesticides, fertilizers, and any other hazardous materials used in the nursery process.

5.

A storage and hazard response plan for all pesticides, fertilizers, and any other hazardous materials kept on the nursery's site.

6.

For indoor and mixed-light nurseries, and/or ancillary processing activities, all power sources proposed to be used.

E.

Nursery standards.

1.

Location. Cannabis nurseries shall not be located within one thousand (1,000) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the site that contains the cannabis nursery to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section. This location standard may be modified through Minor Use Permit approval to reduce the distance to six hundred (600) feet. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.060(E)(2).

2.

Minimum site area. No minimum site area is required in the Agriculture, Rural Lands, and Industrial land use categories. Cannabis nurseries in the Residential Rural land use category shall be located on sites that are a minimum of 5 acres in area.

3.

Setbacks.

a.

Indoor and outdoor cannabis nurseries shall be setback as set forth in Section 22.30.310.

All cannabis nurseries shall be setback 100 feet from any existing offsite residence, swimming pool, patio, or other living area of separate ownership. A new adjacent use does not affect the continuation of an existing use that was legally established under the standards of this Section.

c.

All cannabis nurseries shall be setback at least 50 feet from the upland extent of riparian vegetation of any watercourse, 100 feet from any wetland, and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

d.

Setbacks may be modified through Minor Use Permit approval, except for setbacks required by the California Building Code, or for the resource setbacks identified in subsection c above.

4.

Air quality. Nurseries located on an unpaved road shall provide, at a minimum, the following, in order to mitigate the air pollution (i.e. dust) effects created by the use.

a.

b.

Evidence of road maintenance provided by the County, State, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.

c.

5. Water.

a.

Cannabis nursery sites that require a land use permit and are in a groundwater basin at Level of Severity III shall provide an estimate of water demand prepared by a licensed Professional Geologist, Certified Engineering Geologist, or Certified Hydrogeologist or other expert on water demand, as approved by the Director of Planning and Building, and a detailed description of how the new water demand will be offset. All water demand within a groundwater basin at Level of Severity III shall offset at a minimum 1:1 ratio. All

water demand within an identified Area of Severe Decline shall offset at a minimum 2:1 ratio. Offset clearance shall be obtained, prior to establishment of the use or receipt of Business License Clearance pursuant to 22.62.020, through an approved project specific or a County approved water conservation program for the respective groundwater basin, that has been subject to environmental review, expressly provides water offsets for cannabis activities, and results in a verifiable reduction of water demand equal to, or exceeding, the required water demand offset for the life of the project. For clarification and not limitation, Planning Area Standards under Article 9 of land use ordinance which apply water offset requirements on development for non-agricultural purposes, including, but not limited to, Section 22.94.025, do not apply to or supersede the offset requirements under this subsection for cannabis cultivation, nursery or processing uses.

b.

Irrigation water supplies for cannabis nurseries shall not include water transported by vehicle from off-site sources.

6.

Screening and Fencing. Cannabis plants shall not be easily visible from offsite. All outdoor cannabis nursery activities shall occur within a secure fence at least six (6) feet in height that fully encloses the nursery area(s) and prevents easy access to the cultivation areas (indoor and/or outdoor). The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.

The required fencing and screening are subject to the following standards in addition to Section 22.10.080:

a.

Fencing shall be constructed out of durable materials for security purposes.

b.

Fencing materials shall be solid, such as wood, masonry or chain-link with security slats, all fencing and/or walls shall be made from material that blends into the surrounding terrain and shall minimize any visual impacts. Tarpaulins, scarp material, dust guard fencing, privacy netting, or woven or non-woven polyethylene plastic, hedges, or bushes are not considered as fencing.

c.

Solid fencing shall be located outside of setback areas (LUO 22. 10.140).

d.

Where necessary, fencing shall be designed to allow for the movement of wildlife.

e.

Fencing and screening shall conform with the fencing and screening standards contained Articles 9 or 10, specific plans, or design plans.

7.

Renewable energy. All sites engaging in artificial light or mixed-light indoor cannabis nursery cultivation shall comply with State regulations regarding energy requirements.

8.

Nuisance Odors. All cannabis nurseries shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis nursery cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

9.

10.

Outdoor Lighting. Outdoor lighting shall be used for the purpose of illumination only and is subject to the provisions of Sections 22.10.060(B) through (F). Outdoor lighting shall not be located within the canopy area, used for photosynthesis, mixed-light processes, other purposes intended to manipulate cannabis plant growth, or in conjunction with cannabis hoop or shade cloth structures, whether attached or not to a cannabis hoop or shade cloth structure. Temporary lighting, whether powered by a portable generator or permitted electrical service, is prohibited. Any exterior lighting used for security purposes shall be motion activated, be located and designed to be motion activated, and shall be directed downward and to the interior of the site to avoid the light source from being visible off-site, and shall be the lowest-lumen necessary to address security issues. Where necessary, outdoor lighting shall be designed to minimize impacts to wildlife.

11.

F.

1.

The cannabis nursery, as proposed, will comply with all the requirements of State and County for the propagation of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The cannabis nursery will not be located within one thousand (1,000) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required one thousand (1,000) foot location standard unnecessary or ineffective. The cannabis nursery will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

3.

The cannabis nursery includes adequate measures that minimize use of water for cannabis propagation at the site;

4.

The cannabis nursery includes adequate quality control measures to ensure cannabis propagated at the site meets State regulatory standards;

5.

The cannabis nursery includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are not supplied to unlicensed or unpermitted persons within the State and not distributed out of state.

6.

(For nursery sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance

with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

7.

(For setback modifications only.) Specific conditions of the site and/or vicinity make the required setback unnecessary or ineffective. Modification of the setback will not allow nuisance odor emissions from being detected offsite.

8.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424]

22.40.065 - Cannabis Processing Facilities.

A.

Limitation on use. Cannabis processing facilities may be permitted in the Commercial Service (CS), Industrial (IND), Agriculture (AG), Rural Lands (RL) land use categories, subject to a land use permit as required below. Cannabis processing in the AG or RL land use categories may be vertically integrated with cannabis cultivation only. This section does not apply to cannabis processing that is ancillary to an approved cannabis cultivation site (the processing of cannabis grown on site only), which is otherwise subject to Section 22.40.050.

B.

Land use permit required. Cannabis processing facilities shall require Minor Use Permit approval unless a Conditional Use Permit is required by another Section of this Title.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

Storage and handling protocol plan.

2.

A security plan that is consistent with Sheriff security guidelines that includes at a minimum lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 90 (ninety) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis. The video system for the security cameras must be located in a locked, tamper-proof compartment.

3.

Employee safety and training equipment plan, plus Materials Safety Data Sheet requirements, if any.

D.

Processing facilities standards.

1.

Location.

a.

Cannabis processing facilities shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the cannabis processing facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.065(E)(4).

b.

Cannabis processing facilities shall not be located in a Flood Hazard Zone, Sensitive Resource Area, or High Fire Hazard Severity Zone.

c.

Limit on agricultural land. Cannabis processing facilities shall not be located on prime agricultural soils or on land under Williamson Act contract.

d.

Access in the AG or RL land use category. Cannabis processing facilities shall be located on and take access from a publicly maintained, paved, and through (non-dead-end) road.

2.

Rural character design criteria. Cannabis processing facilities located outside of an Urban or Village Reserve Line (URL or VRL), shall be sited and designed (including, but not limited to, structures, pavement, fencing, signs, and exterior lighting) to be compatible with the rural character of the site and surrounding area. Factors to be considered include:

Avoiding the removal of native oak trees or other significant landscape
Minimizing grading
Minimizing negative effect on the night sky

• Agrarian Architectural style

• Offsite views of structures and screening.

3.

Setbacks. Setbacks are required as set forth in Section 22.10.140, and structures and impervious surfaces shall be setback t least 50 feet from the upland extent of riparian vegetation of any watercourse, 100 feet from any wetland, and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

4.

Nuisance Odor. All cannabis processing shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for processing shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

E.

1.

The cannabis processing facility, as proposed, will comply with all the requirements of State and County for the processing of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The cannabis processing facility includes adequate quality control measures to ensure cannabis processed at the site meets State regulatory standards;

3.

The cannabis processing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis is obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

4.

The cannabis processing facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

5.

(For processing sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424]

22.40.070 - Cannabis Manufacturing.

A.

Limitation on use. Non-volatile cannabis manufacturing facilities may be permitted in the Commercial Service (CS), Industrial (IND), and Agriculture (AG) land use categories subject to a land use permit, as required below. Cannabis manufacturing facilities involving volatile processes or substances (requiring a Type 7 volatile manufacturing State license) are prohibited. Cannabis manufacturing facilities in the Commercial Service land use category are limited to those sites within an Urban Reserve Line (URL) only. Cannabis manufacturing facilities in the Agriculture land use category are limited to the processing of the raw cannabis materials grown on site.

1.

Limitations on type of manufacturing allowed on AG land.

a.

Manufacturing of cannabis not grown on site is prohibited.

1.

Extraction shall be limited to the processing of raw cannabis materials grown on site.

2.

Infusion is prohibited.

2.

Limit on the size of manufacturing facilities on AG land. Cannabis manufacturing facilities (including all product and storage areas) within the AG land use category shall be limited to a maximum gross floor area of 2,500 square feet.

3.

Ancillary Activity. Cannabis manufacturing operations may include the following ancillary activity:

a.

Cannabis transport. Only cannabis products manufactured on site may be transported to certain license types, as specified by State law. The transport operation shall be conducted from a non-residential

structure.

B.

Land use permit required.

1.

Minor Use Permit. Non-volatile manufacturing facilities of less than 40,000 square feet shall require Minor Use Permit approval unless a Conditional Use Permit is required by another Section of this Title.

2.

Conditional Use Permit. Non-volatile manufacturing facilities of 40,000 square feet or more shall require Conditional Use Permit approval.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

A complete description of all products used in the manufacturing process including the cannabis supply chain, liquids, solvents, agents, and processes.

2.

Storage protocol and hazard response plan.

3.

A security plan that is consistent with Sheriff's security guidelines and includes, at a minimum, lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 90 (ninety) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis. The video system for the security cameras must be located in a locked, tamper-proof compartment.

4.

Employee safety and training equipment plan, plus Materials Safety Data Sheet requirements, if any.

D.

Manufacturing standards.

1.

Location. Cannabis manufacturing shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from

the structure that contains the cannabis manufacturing facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.070(E)(5).

a.

Limit on AG land. Cannabis manufacturing facilities shall not be located in a Flood Hazard Zone, or Sensitive Resource Area.

b.

Limit on AG land. Cannabis manufacturing facilities shall not be located on prime agricultural soils or on land under Williamson Act contract (does not apply to extraction of raw cannabis materials grown on site).

2.

Rural character design criteria. Cannabis manufacturing facilities located outside of an Urban or Village Reserve Line (URL or VRL), shall be sited and designed (including, but not limited to, structures, pavement, fencing, signs, and exterior lighting) to be compatible with the rural character of the site and surrounding area. Factors to be considered include:

Avoiding the removal of native oak trees or other significant landscape
Minimizing grading
Minimizing negative effect on the night sky
Agrarian Architectural style
Offsite views of structures and screening.

3.

Setbacks. Setbacks are required as set forth in Section 22.10.140, and structures and impervious surfaces shall be setback at least 50 feet from the upland extent of riparian vegetation of any watercourse, 100 feet from any wetland, and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

4.

Nuisance odors. All cannabis manufacturing shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis manufacturing shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

5.

Limitation on the manufacturing of cannabis edible products. The manufacturing of cannabis edible products, as defined by this Title, that are in the shape of animals, people, insects, or fruit is prohibited.

6.

The system used to manufacture shall comply with applicable Building Codes, Fire Codes, Engineering Codes and Cal-OSHA standards, California Building Code, California Electrical Code, California Mechanical Code, California Occupational Health and Safety Regulations, California Plumbing Code, California Energy Code, California Existing Building Code, California Green Building Standards Code, California Fire Code, California Health and Safety Code, National Fire Protection Association Standards, San Luis Obispo County Code and any fire and life safety requirements established by the Board or their designee.

7.

The applicant shall have a registered professional engineer or a Certified Industrial Hygienist provide a statement to certify that the proposed manufacturing facility complies with the referenced codes and standards.

E.

1.

The cannabis manufacturing facility, as proposed, will comply with all the requirements of State and County for the manufacturing of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The cannabis manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from release of harmful gases, liquids, or substances;

3.

The cannabis manufacturing facility includes adequate quality control measures to ensure cannabis manufactured at the site meets industry standards and includes a documented employee safety training program, a Materials Data Safety Sheet (MSDS), and meets all requirements in the Health and Safety Code Section 11362.775, and as it may be amended;

4.

The cannabis manufacturing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

5.

The cannabis manufacturing facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

6.

(For manufacturing sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

7.

(For manufacturing on AG land) The cannabis manufacturing facility, as proposed, shall be clearly incidental and related to the primary operation of the cannabis cultivation in use and size and will not significantly alter or change the character of the cultivation operation occurring on the site.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424]

22.40.080 - Cannabis Testing Facilities.

A.

Limitation on use. Cannabis testing facilities may be permitted in the Commercial Service (CS) and Industrial (IND) land use categories subject to a land use permit. Cannabis testing facilities in the Commercial Service land use category are limited to those sites within an Urban Reserve Line (URL) only.

B.

Land use permit required. Cannabis testing facilities of less than 20,000 square-feet shall require Minor Use Permit approval. Cannabis testing facilities of 20,000 square-feet or greater shall require Conditional Use Permit approval.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60, Section 22.40.040, and include an operations plan detailing how cannabis will be received, secured, tested, and destroyed upon completion.

D.

Cannabis testing facilities standards.

1.

Location. Cannabis testing facilities shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the testing facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.080(E)(6).

2.

E.

1.

The cannabis testing facility, as proposed, will comply with all the requirements of State and County for the testing of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The owners, permittees, operators, and employees of the cannabis testing facility will not be associated with any other form of commercial cannabis activity;

3.

The cannabis testing facility is accredited by an appropriate accrediting agency as approved by the State and further described in Health and Safety Code Section 5238 and as it may be amended;

4.

The cannabis testing facility operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

5.

The cannabis testing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis and cannabis products are

obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

6.

The cannabis testing facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

7.

(For testing sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424]

22.40.090 - Cannabis Dispensaries.

A.

Limitation on use.

1.

Cannabis dispensary structures shall not be open to the public for retail sales. Only dispensaries requiring a Non-Storefront Retailer State license are allowed. Dispensaries requiring a Type 10 Retailer State license are prohibited.

2.

Cannabis dispensaries not operating within a permanent structure (mobile retailers) are prohibited.

3.

Cannabis dispensaries (non-storefront retailers) may be permitted in the Agriculture (AG), Commercial Service (CS) within an Urban Reserve Line (URL) only, Industrial (IND), Residential Rural (RR), and Rural Lands (RL) land use categories subject to a land use permit.

4.

Cannabis dispensaries in the RR and RL land use categories are limited to the dispensing of cannabis that is grown on site.

Cannabis dispensaries in the AG land use category are limited to the dispensing of cannabis that is grown on site, or cannabis products manufactured with cannabis grown on site.

B.

Land use permit required. All cannabis dispensaries shall require Minor Use Permit approval unless a Conditional Use Permit is required by another Section of this Title.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

A security plan that is consistent with Sheriff's security guidelines and includes, at a minimum, lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 90 (ninety) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis, and the surveillance video shall have real-time access for the Sheriff's Office. The video system for the security cameras must be located in a locked, tamper-proof compartment.

D.

Dispensary standards.

1.

Location.

a.

Cannabis dispensaries with storefronts not open to the public (mobile deliveries) shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the dispensary to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.090(E)(2).

b.

A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section.

2.

from any wetland, and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

3.

Hours of operation. Dispensaries may operate in accordance with §15403. Hours of Operation as updated by the California Department of Cannabis Control.

4.

Non-storefront retailers. Deliveries from a legally established and permitted cannabis dispensary, within a permanent structure are allowed under this Section.

5.

Mobile retailers. Mobile retailers are prohibited.

E.

1.

The cannabis dispensary, as proposed, will comply with all the requirements of State and County for the dispensing of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The cannabis dispensary will not be open to the public (non-storefront retailers only) and will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

3.

The cannabis dispensary includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

4.

(For dispensary sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424; 2024, Ord. 3512]

22.40.100 - Cannabis Distribution Facilities. ¶

A.

Limitation on use. Cannabis distribution facilities may be permitted in the Commercial Service (CS) and Industrial (IND) land use categories subject to a land use permit. Cannabis distribution facilities in the Commercial Service land use category are limited to those sites within an Urban Reserve Line (URL) only.

B.

Land use permit required.

1.

Minor Use Permit. Distribution facilities of less than 40,000 square feet shall require Minor Use Permit approval unless a Conditional Use Permit is required by another Section of this Title.

2.

Conditional Use Permit. Distribution facilities of 40,000 square feet or more shall require Conditional Use Permit approval.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

An operations plan detailing how, and from where, cannabis and cannabis products will be received, how any storage and distribution operations will be secured to prevent theft and trespass, and to whom the product will be distributed.

2.

Loading areas.

3.

Storage and handling plans.

D.

Cannabis distribution facilities standards.

Location. Cannabis distribution facilities shall not be located within six hundred (600) feet from any preschool, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the distribution facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.100(E)(3).

2.

E.

1.

The cannabis distribution facility, as proposed, will comply with all the requirements of State and County for the distribution of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The cannabis distribution facility operating plan demonstrates proper protocols and procedures that address enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

3.

The cannabis distribution will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

4.

(For distribution sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance

[2017, Ord. 3358; 2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424]

22.40.105 - Cannabis Transport Facilities. ¶

A.

Limitation on use. Cannabis transport-only facilities may be permitted in the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), Residential Suburban (RS), Residential Single Family (RSF), Office and Professional (OP), Commercial Retail (CR), Commercial Service (CS) and Industrial (IND) land use categories subject to a land use permit. This does not include transport to end users or for retail sale (cannabis dispensary) or transport of nursery products (cannabis nursery). This section does not apply to the transport of cannabis when ancillary to an approved cannabis cultivation, cannabis nursery, or cannabis manufacturing land use permit.

B.

Land use permit required.

1.

Zoning Clearance. Cannabis transport facilities shall require a zoning clearance and business licenses approval pursuant to Section 22.62.030, unless a Minor Use Permit is required per subsection 2, or a Conditional Use Permit is required by another Section of this Title.

2.

Minor Use Permit. Minor Use Permit approval is required where site disturbance of one acre or greater is proposed, or where grading is proposed on slopes of 10 percent or greater.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications for cannabis transport facilities shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

Statement of understanding of and compliance with State law as applicable to the safe handling and transport of cannabis and cannabis products, including track-and-trace system requirements.

2.

A list of the licenses types for which transport will be provided.

3.

Waiver of content. The Director may waive the application requirements of both Sections 22.60 and 22.40.040 provided the circumstances or conditions described in Section 22.60.040.E apply.

D.

Cannabis transport facilities standards.

1.

Location. Cannabis transport facilities shall not be located within six hundred (600) feet from any preschool, elementary school, junior high school, high school, or youth center. Distance shall be measured from the structure that contains the transport facility to the property line of the enumerated use using a direct straight-line measurement.

2.

3.

Parking in commercial and industrial land use categories (OP, CR, CS and IND). Off street parking shall be provided pursuant to Section 22.18.020 for "Other Offices." Commercial vehicles shall be stored in compliance with Section 22.30.040.B.

4.

Requirements in AG, RL, RR, RS, and RSF land use categories. The following standards apply in the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), Residential Suburban (RS), and Residential Single Family (RSF) land use categories:

a.

Principal Use. Notwithstanding Section 22.40.040.Q, there shall be a principal residence on the site of the transport facility.

b.

Employees. No other person other than members of the household residing on the premises may be working at the site.

c.

Parking and Traffic. The cumulative traffic generated for the site, shall not exceed 10 trips per day, and shall only involve types of vehicles normally associated with a home in a residential neighborhood, except in compliance with Section 22.30.040.B.1. All parking needs shall be met off the street.

Ownership and sale prohibited. Transport facilities may not own or sell cannabis or cannabis products, or store cannabis or cannabis products at the premises of the business.

E.

Required findings for discretionary land use permits only. In addition to the mandatory findings required by Section 22.62.060.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this subsection:

1.

The cannabis transport facility, as proposed, will comply with all the requirements of State and County for the processing of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The cannabis transport facility includes adequate quality control measures to ensure cannabis processed at the site meets State regulatory standards;

3.

The cannabis transport facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis is obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

4.

The cannabis transport facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, or youth center;

5.

(For transport facility sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[2018, Ord. 3377; 2019, Ord. 3390; 2020, Ord. 3424]

22.40.110 - Grounds for Revocation. ¶

Any of the following shall be grounds for revocation of the land use permit, based on substantial evidence and following notice and public hearing pursuant to Section 22.40.120:

A.

Failure to comply with one or more of the conditions of the land use permit;

B.

The land use permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant;

C.

Any act or omission by an owner or permittee in contravention of the provisions of this Chapter;

D.

Any act or omission by an owner or permittee that results in the denial or revocation of the owner's or permittee's State license;

E.

Any act or omission that results in the revocation of that owner's or permittee's commercial cannabis Business License Clearance under Title 6 of the San Luis Obispo County Code;

F.

Any act or omission by an owner or permittee in contravention of State law or the San Luis Obispo County Code on the site that received land use permit approval;

G.

An owner's or permittee's failure to take appropriate action to evict or otherwise remove persons conducting commercial cannabis activities who do not maintain the necessary permits or licenses in good standing with the County or State;

H.

Conviction for possession or delivery of any form of illegal drugs; or

I.

Conduct of the commercial cannabis activities in a manner that constitutes a nuisance, where the owner or permittee has failed to comply with reasonable conditions to abate the nuisance (e.g. odor).

[2017, Ord. 3358; 2018, Ord. 3377]

22.40.120 - Procedure for Revocation. ¶

A Cannabis Enforcement Officer may initiate proceedings to revoke the approval of any land use permit issued in compliance with this Chapter in any case where a use of land has been established or is conducted in a manner which violates or fails to observe the provisions of this Chapter or a condition of approval, as provided by this Chapter.

A.

Notice of pending revocation. The Cannabis Enforcement Officer shall notify the permit holder of the intended revocation of the approval of a land use permit at least 10 calendar days before a revocation hearing, which will be held in accordance with Section 22.40.130. Service of notice shall be accordance with Section 22.74.020. If the Notice is served by mail the time period set forth above shall be extended by two (2) additional days. The notice shall contain the following.

1.

A heading reading, "Notice of Revocation Hearing".

2.

The provisions and/or conditions violated and the means to correct the violation(s), if any.

3.

The date and place of the revocation hearing.

B.

Revocation hearing. Before any action is taken to revoke an approved land use permit, a hearing shall be conducted in compliance with Section 22.40.130.

C.

Action to revoke. If after the revocation hearing the Cannabis Hearing Officer finds that grounds for revocation have been established, the Cannabis Hearing Officer may:

1.

Allow the permit holder additional time to correct the violation or non-compliance; or;

2.

Modify conditions of approval on the basis of evidence presented at the hearing; or;

3.

Revoke the approved land use permit and order the discontinuance or removal of the approved use within a time specified by the Cannabis Hearing Officer following an enforcement hearing held pursuant to section 22.40.130.

The Cannabis Hearing Officer shall issue a written decision within five (5) calendar days after the close of the hearing. The decision of the Cannabis Hearing Officer shall be final and revocation shall become effective 7 days after the action of the Cannabis Hearing Officer. Upon the effective date of revocation, the Cannabis Enforcement Officer shall initiate nuisance abatement proceedings by preparing and serving a Notice of Nuisance in compliance with Section 22.40.130.

D.

Use after revocation. When an approved land use permit has been revoked, no further development or use of the property authorized by the revoked entitlement shall be continued, except in compliance with approval of a new land use permit and any other authorizations or permits required by this Code.

[2017, Ord. 3358; 2018, Ord. 3377]

22.40.130 - Enforcement. ¶

The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.

A.

Any condition caused or allowed to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance constituting an immediate threat to public health and safety which may, at the discretion of the County, be summarily abated and all costs of abatement recovered from the owner of the real property where the violation is found in addition to any other responsible party, and which shall additionally, at the discretion of the County, create a cause of action for penalty pursuant to Chapter 22.74 of this code, and any other action authorized by law:

1.

Additionally, it shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental state is required to establish a violation.

2.

Any person violating any of the provisions of this Chapter shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued, or permitted.

3.

Each and every cannabis plant, including both immature and mature (flowering) plants, cultivated in violation of this Chapter shall constitute a separate violation subject to the penalties of this Chapter and Chapter 22.74.

4.

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Chapter or from liability for the County's cost of abatement of such violation.

B.

Notice of nuisance abatement.

Upon the determination by the Cannabis Enforcement Officer that a nuisance exists, the Cannabis Enforcement Officer shall prepare a Notice of Nuisance Abatement, which may be combined with a notice of violation and a notice of the approximate amount of administrative fines, in accordance with this Section. The notices shall be served in accordance with Section 22.74.070.A. If the Notice is served by mail the time period set forth below shall be extended by two (2) additional days. The Notice of Nuisance Abatement shall contain:

a.

A heading, "Notice of Nuisance Abatement".

b.

A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.

c.

A statement that unlawful cannabis activity exists on the site and that the Cannabis Enforcement Officer has determined it to be a public nuisance under this Chapter.

d.

A description of unlawful cannabis activity and the actions required to abate it if the County has not already abated such activity as an immediate threat to public health or safety.

e.

An order to complete abatement within 5 calendar days of any nuisance which has not already been abated by the County as an immediate threat to public health or safety.

f.

A statement that a hearing will be held before the Cannabis Hearing Officer to consider whether to order abatement of the nuisance, if the County has not already abated such activity as an immediate threat to public health and safety, and/or levy a special assessment for abatement costs, including administrative costs, which may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes in compliance with Section 25845 of the Government Code. Special assessments are subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes.

g.

A statement that the County intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 22.74.150.A, in compliance with Section 22.74.080. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll.

h.

A notice to appear before the Cannabis Hearing Officer at a stated time and place not less than 5 days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the County if the County has not already abated such activity as an immediate threat to public health or safety.

C.

Enforcement hearings. Hearings conducted for the purposes of permit revocation and nuisance abatement pursuant to this Chapter, shall be conducted as follows:

1.

The Board of Supervisors hereby establishes the Office of County Cannabis Hearing Officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code, to which Office the Board of Supervisors by resolution shall appoint one or more Cannabis Hearing Officers. Each Cannabis Hearing Officer shall be a duly licensed attorney at law that has been admitted to practice before the courts of this state for at least five years. A Cannabis Hearing Officer shall be appointed for a term of at least one year. If the Board appoints more than one Cannabis Hearing Officer, a Cannabis Hearing Officer shall be assigned by the Director of the Department of Planning and Building, or a designee, based on an alphabetical rotation and/or availability of the officer(s).

practice before the courts of this state for at least five years. A Cannabis Hearing Officer shall be appointed for a term of at least one year. If the Board appoints more than one Cannabis Hearing Officer, a Cannabis Hearing Officer shall be assigned by the Director of the Department of Planning and Building, or a designee, based on an alphabetical rotation and/or availability of the officer(s).

The Board of Supervisors shall approve by resolution policies and procedures relating to the contracting with and compensation of Cannabis Hearing Officers. The compensation and/or future appointment of a Cannabis Hearing Officer shall not be directly or indirectly conditioned upon the substance of his/her rulings, including but not limited to the amount of administrative fines levied In the event of a vacancy, conflict of interest or other unavailability of an appointed Cannabis Hearing Officer, an administrative law judge provided by the State of California Office of Administrative Hearings to function as the County Hearing Officer pursuant to Chapter 14 of Part 3 of Division 2 of Title 3 of the California Government Code or an independent contractor assigned by an organization or entity which provides hearing officers may act as a Cannabis Hearing Officer for the purposes of this Chapter without further approval required by the Board of Supervisors.

Cannabis Hearing Officers shall have all those powers set forth in sections 27721 and 27722 of the Government Code, including, but not limited to, the power to conduct the hearing, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to make findings of fact and conclusions of law, and to prepare a record of the proceedings, as well as the powers to in his or her discretion continue a hearing one time for no more than five (5) days, upon a showing of good cause by a party of interest in advance of the date originally set for the hearing, and the power to uphold fines and abatement orders and order that the cost of the abatement be specially assessed against the parcel.

2.

Pursuant to Government Code sections 25845, subdivision (i) and 27721, subdivision (a), the Cannabis Hearing Officer shall hold an administrative hearing to determine whether the conditions existing on the

property subject to the notice constitute a nuisance under this Chapter, or whether there is any other good cause why those conditions should not be abated. This hearing shall be held no less than five (5) calendar days after service of the notice of violation.

3.

The Cannabis Hearing Officer shall conduct the hearing as follows:

a.

The Cannabis Hearing Officer will hear sworn testimony and consider other evidence concerning the conditions constituting cause to revoke approved permit(s) and/or abate a nuisance.

b.

Respondents to enforcement actions may be present at the hearing, may be represented by counsel, may present testimony, evidence, and cross-examine witnesses.

c.

If the respondent does not appear and present evidence at the hearing, the Cannabis Hearing Officer may base their decision solely upon the evidence submitted by the Cannabis Enforcing Officer. Failure of the respondent to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

d.

The hearing need not be conducted according to technical rules relating to evidence and witnesses, and may be continued from time to time.

e.

The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter who has been certified as an interpreter by either the State of California or the County of San Luis Obispo.

f.

The Cannabis Hearing Officer will deliberate upon the evidence presented, and shall, within two (2) calendar days after the close of the hearing, issue a written decision and order that either affirms, reverses, or modifies the determination contained in the Notice of Nuisance Abatement issued by the Cannabis Enforcement Officer, and may include findings relating to the existence or non-existence of the alleged nuisance, as well as findings concerning the propriety and means of abatement of the conditions set forth in the Notice of Nuisance Abatement and/or appropriateness of fines levied. The decision of the Cannabis Hearing Officer shall be mailed to, or personally served upon, the respondent and any other party upon whom the notice of violation was served, and the Cannabis Enforcement Officer. The decision shall be final when signed by the Cannabis Hearing Officer and served as herein provided.

g.

Whenever the Cannabis Hearing Officer becomes aware that a respondent has failed to abate any unlawful cannabis activity within two (2) calendar days of the date of service of the decision of the Cannabis Hearing Officer under this Section requiring such abatement, the Cannabis Hearing Officer may direct a Cannabis Enforcement Officer to enter upon the property and abate the nuisance. The Cannabis Enforcement Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary.

h.

The costs of abatement and all administrative costs incurred pursuant to this Chapter shall be recoverable in accordance with the Section 22.74.080 and Section 22.74.150.F.

D.

Pesticide use enforcement. Pursuant to the California Code of Regulations, Title 3. Food and Agriculture, Section 6140(a), the director or commissioner may, during business hours, or if necessary to ensure immediate compliance, at any other reasonable time enter and inspect, and/or sample any of the following or related items in order to determine compliance with the provisions of this Chapter and Divisions 6 and 7 of the Food and Agricultural Code, which pertain to pesticides and pest control operations:

1.

Fields, areas, structures, and greenhouses where pesticides are handled, stored or applied;

2.

Growing crops and harvested commodities;

3.

Equipment (including protective clothing and equipment) used to store, transport or handle pesticides;

4.

Change areas and other facilities used by employees; and

5.

Pesticides and tank mixtures thereof.

In addition, California Code of Regulations, Title 3. Food and Agriculture, Section 6140(b) gives the commissioner the authority to inspect the pesticide related records of growers, pest control businesses, and other during business hours.

E.

Weights and measures. Notwithstanding this ordinance, the County Agricultural Commissioner/Sealer shall have the duty of enforcing Division 5 of the California Business and Professions Code and carrying out its provisions and requirements as set forth in the California Code of Regulations, Title 4, Division 9. This shall

include the inspection, testing, and registration of weighing devices, the inspection of prepackaged product, and the inspection of product labeling relative to the commercial sale of cannabis.

1.

2.

Any person violating any of the provisions of this chapter shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

3.

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Title.

[2017, Ord. 3358; 2018, Ord. 3362; 2018, Ord. 3377; 2024, Ord. 3512]

ARTICLE 5 - SITE DEVELOPMENT STANDARDS

Chapter 22.50 - FIRE SAFETY