Shasta County Municipal Code Art. III Other Special Uses

Emergency shelters are permitted outright in the Commercial-Light Industrial (CM) district or ancillary to permitted places of worship and churches in any zone district and shall comply with all objective standards identified in Government Code Section 65583 (a) (4), and the Shasta County Code, that include the following:

A. Off-street parking as provided under Section 17.86 of this Code.

B. Shall not be located closer than three hundred feet of any other emergency shelter, unless such other emergency shelter is located within the same building or on the same lot.

C. There shall be adequate receiving and reception space inside the structure such that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.

D. A security plan is required for all emergency shelters that identifies the security features for the facility such as security cameras, lighting, provided that such light does not cause light or glare on adjacent properties and uses, intake and discharge hours and procedures, and other appropriate security measures.

E. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the director prior to establishing the emergency shelter. Minimum standards and practices addressed in the plan shall be as follows:

1. The emergency shelter shall be operated by or in association with an agency or organization, with prior experience in managing or providing social services.

2. The emergency shelter shall have an identified administrator and representative to address community concerns.

3. The emergency shelter shall provide at least one responsible onsite supervisor at all times for every ten residents.

4. Residents shall be regularly evaluated by a case manager or other person(s) experienced in emergency shelter placement and/or management.

5. The plan shall identify how the shelter will assist its residents with gaining access to social services, employment opportunities and other services.

6. First aid and CPR assistance, life skills training, counseling, and personal services essential to enable homeless persons to make the transition to permanent housing shall be provided. Services may also include providing meals, as incidental to the operation of an emergency shelter.

7. Referral services shall be provided to assist residents in obtaining permanent housing and income. Such services shall be available at no cost to residents of a shelter.

8. Emergency shelters shall be maintained in a safe and clean manner and free from refuse or discarded goods.

F. If a proposed emergency shelter causes a conflict or requires a change to any conditions for an existing use permit for a place of worship or church, then the emergency shelter plan shall be amended to eliminate the conflict, or a use permit minor modification or amendment must be issued prior to the operation of an emergency shelter.

G. If located in an area without transit, permitted places of worship or churches which operate emergency shelters as ancillary uses shall provide residents with reliable transportation to parts of the county where social services, employment opportunities and other services can be accessed.

(Ord. No. 2018-01, § 29, 7-17-2018; Ord. No. 2018-04, § 5, 11-6-2018; Ord. No. 2019-08, § I, 12-17-2019)

A. A mobile or manufactured home shall not be placed on a lot until a mobile or manufactured home installation permit is issued. A mobile or manufactured home shall not be stored on a lot, unless the lot is a legally established commercial storage yard or a mobile or manufactured home sales lot.

B. A recreational vehicle may be stored on a lot, except in those districts that require a use permit for outdoor storage; provided, it is not connected to utilities and/or used for human habitation.

C. Truck trailers, including intermodal shipping containers on a chassis, shall not be placed or stored on a residentially designated parcel except during construction of the residence in accordance with a temporary building permit. Truck trailers, including intermodal shipping containers on a chassis, may be used for storage on industrially designated parcels if screened from view, or on parcels larger than forty acres that are designated for full-time agricultural uses, and appropriate building permits are issued or an agricultural exemption is authorized.

D. Intermodal shipping containers may be used for storage on industrially zoned or designated parcels if screened from view, or on parcels larger than forty acres that are designated for full-time agricultural uses and appropriate building permits are issued or an agricultural exemption is authorized. Intermodal shipping containers shall not be used for advertising purposes of any kind.

E. Except as otherwise allowed in subsection 17.88.280 D, intermodal shipping containers shall be allowed in all zone districts subject to the following development standards:

1. Intermodal shipping containers shall be accessory to a permitted use.

2. A main building or agricultural operation shall be located on the lot.

3. Intermodal shipping containers installed for residential accessory use are subject to subsection 17.88.140 B.2.a of this title.

4. Where a main building exists, intermodal shipping containers shall only be installed to the rear of the main building as viewed from the front lot line and, if applicable, to the rear of the main building as viewed from a side lot line that abuts a street.

5. No more than one intermodal shipping container is allowed on lots of one-half gross acre or greater but less than one gross acre.

6. No more than two intermodal shipping containers are allowed on lots of one gross acre or greater but less than five gross acres.

7. No more than four intermodal shipping containers are allowed on lots of five gross acres or greater.

8. On lots one gross acre or greater, the size of an intermodal shipping container shall not exceed forty feet in length by eight feet in width by ten feet in height and the floor area shall not exceed three hundred twenty square feet. On lots of one-half gross acre or greater but less than one gross acre, the size of an intermodal shipping container shall not exceed twenty feet in length by eight feet in width by ten feet in height and the floor area shall not exceed one hundred sixty square feet.

9. No intermodal shipping container shall be placed on the top of another intermodal shipping container.

10. Intermodal shipping containers shall be painted a monochrome earth-tone color or a color consistent with the main building.

11. Intermodal shipping containers shall be maintained in a good state of repair to the satisfaction of the director of resource management.

12. Intermodal shipping containers shall not be used for signs of any kind, except as permissible in accordance with Section 17.84.060 of this title.

13. Intermodal shipping containers shall meet all applicable development standards and requirements of the Shasta County Code, including, but not limited, to site development standards listed in the applicable zone district, Chapter 17.84, General Development Standards, and all development standards contained in subsection 17.88.280 E.

14. Intermodal shipping containers shall not be stored on a lot, unless the lot is a legally established commercial storage yard, legally established intermodal shipping container sales lot, or a building permit for its temporary or permanent installation on the lot has been issued.

15. For parcels with an existing use permit or an administrative permit, placement of one or more intermodal shipping containers as an accessory use may be permitted subject to the approval of an amendment or minor modification in accordance with Chapter 17.92 of this title.

16. Temporary placement of intermodal shipping containers is only allowed during the construction of improvements associated with a permitted use if the appropriate temporary building permits are issued. Temporary intermodal shipping containers must be removed prior to approval of a final inspection for the building permit to construct the improvements.

17. Permanent installation of intermodal shipping containers that are repurposed for use as buildings or structures, or as part of buildings or structures, are subject to the California Building Standards Code and shall only be allowed if the appropriate building permits are issued.

18. Exceptions. Exceptions may be granted for the locational development standard (subsection 17.88.280 E.4) if an administrative permit is first approved pursuant to Section 17.92.050 of this title, and the applicable following findings are made by the director of resource management:

a. The proposed exception from the development standard is necessary due to physical or other constraints on the lot that make the strict application of the standard impractical.

b. The proposed exception from the development standard would not result in any health or safety hazard for existing and future residents on the lot or in the neighborhood.

(Ord. 99-1 § 51, 1999: prior code § 5.03.030)

(Ord. No. 2018-01, § 29, 7-17-2018; Ord. No. 2024-02, § 2, 4-23-2024; Ord. No. 2024-08, § 1, 10-29-2024)

Editor's note— Ord. No. 2024-02, § 2, adopted April 23, 2024, amended § 17.88.280 and in doing so changed the title of said section from "Storage of mobile homes, recreational vehicles, sea vans, cargo containers or truck trailers" to "Storage of mobile homes, recreational vehicles, intermodal shipping containers or truck trailers," as set out herein.

A. Purpose. The purpose of this section is:

1. To establish a review process for the orderly development, operation and maintenance of commercial wireless telecommunication facilities;

2. To require commercial wireless telecommunication facility providers to design and configure wireless telecommunication facilities to minimize adverse environmental, noise and visual impacts and to ensure the prompt removal of abandoned facilities;

3. To minimize the impact of such sites by encouraging location on existing structures, colocation on existing communication structures, and to encourage new facilities to make provisions for future colocation opportunities; and

4. To allow reasonable opportunity for providers of commercial wireless telecommunication services to provide the benefits of this technology to the county and its citizens.

B. Definitions.

As used in this section:

"Commercial wireless telecommunication services" means the wireless transmission or receipt of electromagnetic signals, excluding receive-only radio and television signals and signals transmitted via satellite, by a commercial entity for a customer.

"Commercial wireless telecommunication facilities" means any structure, tower, pole, antenna, equipment, or combination thereof utilized for the purpose of providing commercial wireless telecommunication services to customers.

"Fixed wireless internet facilities" means any structure, tower, pole, antenna, equipment or combination thereof utilized for the purpose of providing wireless internet services to more than one residential and/or commercial customer at fixed locations.

C. Permit Requirements.

1. Building Permit. The following fixed wireless internet facilities may be approved by a building permit subject to compliance with all applicable building code requirements:

a. Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to sixty-five feet in height on legal lots and parcels between one and five acres. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater. Guy wires shall only be permitted if they will not encroach into any required yard pursuant to the applicable site development standards for the zone district.

b. Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to one hundred feet in height on legal lots and parcels of five acres or more. Minimum setbacks from all property lines shall be equal to two times the facility height. Such facilities may be self-supporting or supported by guy wires.

c. Ground-mounted, camouflaged/stealthed, self-supporting facilities supporting antennas up to one hundred feet in height; guy wires are not permitted. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater.

d. Roof-mounted masts supporting antennas equal to one-half the height of the building they are attached to. Such masts may be self-supporting or supported by guy wires.

e. Facilities architecturally integrated into a building with a maximum height equal to one and one-half times the height limit of the zone district in which they are located.

f. Facilities that colocate at an existing structure or are built into a roof structure if the height is not increased.

g. Modifications and additions to approved facilities if the height is not increased.

2. Zoning Permit. The following facilities, with the exception of fixed wireless internet facilities, including any ancillary structures, may be approved by a zoning permit pursuant to Section 17.92.060, as long as the facility is installed to meet the ordinance standards and conforms with all other requirements. Any such installation must also be found not to create the potential for adverse impacts such as noise (from generators or other accessory equipment), setback, radio interference, hazardous materials, grading problems or cumulative impacts:

a. Commercial wireless telecommunication facilities that are architecturally compatible with the current development on the project site and adjoining parcels or are camouflaged/stealthed in such a manner that they would appear as a natural feature of the landscape may be constructed up to one and one-half times the height limit of the zone district in which they are located. The camouflaged treatment must be permanent throughout the life of the facility.

b. Commercial wireless telecommunication facilities that colocate at an existing structure or are built into a roof structure if the height is not increased.

c. Modifications and additions to approved facilities if the height is not increased.

3. Administrative Permit. The following fixed wireless internet facilities may be approved by an administrative permit pursuant to Section 17.92.050:

a. Ground-mounted facilities up to one hundred feet in height that do not comply with the standards of subsection C.1 of this section.

b. Roof-mounted facilities other than masts and roof-mounted masts exceeding a height equal to one and one-half times the height limit of the zone district in which they are located. Such facilities may be self-supporting or supported by guy wires.

c. Facilities architecturally integrated into a building exceeding a height equal to one and one-half times the height limit of the zone district in which they are located.

4. Use Permit. New commercial wireless telecommunication facilities, except those facilities as specified in subsections C.1 through C.3 of this section shall obtain approval of a use permit pursuant to Section 17.92.020 of this Code.

D. Application Requirements. A commercial wireless telecommunication facility application for either a zoning permit, administrative permit, or a use permit shall contain a development plan that includes site plans, drawings and other information which the planning director/planning commission may require to properly evaluate and process the application, including, but not limited to, photographs and photo simulations. Building permit applications shall include the submittal requirements applicable to commercial building permits and any other information the building official may require to properly evaluate and process the application. The county may, in its sole discretion, retain an independent consultant to review either individual elements or the entire application at the applicant's expense. The owner of the property on which a commercial wireless telecommunication facility is located may be required to sign an agreement whenever a cell tower permit is requested obligating the property owner or any successor in interest to remove any abandoned cell tower apparatus and related equipment in accordance with county ordinances and policies. The agreement shall be signed by the property owner. The planning director shall furnish and record an agreement which shall serve as a covenant running with the land for the benefit of the county.

E. General Standards.

1. Height Limits. The height of a commercial wireless telecommunication tower shall be the minimum necessary to meet the technical requirements of the proposed communication system. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily.

2. Location. Facilities shall be sited to avoid or minimize land use conflicts.

a. None shall be sited in a location where it will obstruct the operations of any airport.

b. With the exception of fixed wireless internet facilities, none shall be sited in an R-1, R-2, or R-3 zone district.

c. With the exception of fixed wireless internet facilities, none shall be placed within one thousand five hundred feet of an existing commercial wireless telecommunication facility unless environmental documentation verifies that a concentration of towers in close proximity will not have a cumulative adverse impact on the visual character or quality of the site and its surroundings.

d. None shall be placed along a state designated scenic highway, or where identified significant historic, cultural or archaeologic resources exist unless it is colocated on a preexisting structure or otherwise camouflaged/stealthed.

e. In the event a commercial wireless telecommunication facility is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the county may take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify pilots registered to operate in the county pursuant to Section 11921 of the California Food and Agricultural Code.

3. Colocation. Any tower or monopole installation subject to this section shall allow colocation.

4. Noise. Wireless facilities shall be constructed and operated in compliance with the standards of the Shasta County General Plan Noise Element and implementing ordinances and standards.

5. Lighting.

a. Tower or monopoles shall not be artificially lighted unless required by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), the Uniform Building Code (UBC), or other state or federal law.

b. External structure and area lighting shall be permitted only where such lighting is activated and controlled by motion sensors.

6. Outside Storage. No outdoor storage of equipment, materials, or supplies shall be permitted.

7. Setbacks. Towers, monopoles, and ancillary structures shall meet the building setback standards established in the district in which the facility is to be located; except when on a lot which is in or adjacent to a residential zone, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.

8. With the exception of fixed wireless internet facilities, landscaping shall be provided and maintained for the life of the facility to screen any ground structures or equipment.

9. Support structures, antennas, and any associated hardware shall have a non-reflective finish that is maintained for the life of the facility.

10. Safety. The project site shall be enclosed within a chain link fence at least six-feet high. For fixed wireless internet facilities consisting of monopoles without built-in climbing features, no fencing shall be required. For fixed wireless internet facilities consisting of lattice towers, minimum eight-foot tall anti-climb panels may be provided in lieu of fencing at the discretion of the property owner.

11. Signage. No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

12. Licensing. The applicant shall show proof of Federal Communication Commission (FCC) licensing, if required by the FCC, prior to issuance of a building permit.

13. Aesthetic Consideration. Commercial wireless telecommunication facilities shall not have a significant adverse effect on a scenic vista or significantly impact the existing visual character or quality of the site and its surroundings as verified by an environmental document or exemption prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). This provision is not applicable to facilities permitted by a building permit as ministerial projects are statutorily exempt from the requirements of CEQA.

F. Commercial Wireless Telecommunication Facilities Status.

1. Non-conforming commercial wireless telecommunication facilities are subject to the provisions set forth in Section 17.90.020, with the exception of colocated antennas which may be added onto a nonconforming tower or monopole subject to the provisions of this section.

2. For purposes of this section the following definitions shall apply:

a. An "existing" commercial wireless telecommunication facility is a facility that is legally existing or approved on the effective date of this section.

b. A "non-conforming" commercial wireless telecommunication facility is a facility that is existing as of the effective date of this section which does not comply with the applicable standards set forth in this section.

c. A "conforming" commercial wireless telecommunication facility is a facility that is existing as of the effective date of this section which complies with the standards set forth in this section.

3. For purposes of Chapter 17.90, the "appraised value" of the wireless telecommunication facility shall be limited to the actual market value of the necessary physical components of the tower, monopole, and ancillary structures as of the date the maintenance or reconstruction is to take place without regard to their income-producing potential as either individual components or as part of an overall facility.

G. Removal of Facilities.

1. The operator of a commercial wireless telecommunication facility shall be required to remove all unused or abandoned equipment, antennas, monopoles, or towers within sixty days of abandonment. The facility shall be deemed abandoned if it has not been operational for a consecutive six-month period. If such facility is not removed within sixty days of being deemed abandoned, the county may remove the facility at the operator and/or property owner's expense.

2. Abandoned facilities shall be considered a public nuisance, as defined by Shasta County Code Chapter 8.28.

H. Applications determined to be incomplete prior to the approval date of this section shall be subject to these provisions.

(Ord. 2003-1 § 29, 2003; Ord. 2002-7 § 1, 2002)

(Ord. No. 2020-04, § IV, 6-30-2020)

A. Purpose. The board of supervisors finds that "adult entertainment" businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent concentration or clustering of these businesses in any one area. For the purposes of this section, the definitions set out in subsections B through D apply.

B. Adult Entertainment Businesses Defined. "Adult entertainment businesses" means any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult entertainment businesses" includes the following defined terms:

"Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or an establishment with a segment or section devoted to the sale or display of such materials.

"Adult hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depiction, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas."

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

C. Specified Sexual Activities. "Specified sexual activities" includes the following:

1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship;

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

3. Use of human or animal masturbation, sodomy, oral copulation, coitus or ejaculation;

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6. Erotic or lewd touching, fondling or other contact with an animal by a human being;

7. Human excretion, urination, menstruation or vaginal or anal irrigation.

D. Specified Anatomical Areas. "Specified anatomical areas" includes less than completely and opaquely covered:

1. Mature human genitals;

2. Mature human buttocks;

3. Mature human female breast below a point immediately above the top of the areola;

4. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

E. Regulation of Location.

1. In those land use districts where the "adult entertainment" businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such "adult entertainment" business if the location is:

a. Within five hundred feet of any area zoned for residential use, or

b. Within one thousand feet of any other "adult entertainment" business, or

c. Within one thousand feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization or any establishment likely to be used by minors;

2. The "establishment" of any "adult entertainment" business shall include the opening of such a business as a new business, the relocation of such business or the conversion of an existing business location to any "adult entertainment" business use.

F. Waiver of Locational Provisions.

1. Any property owner or his authorized agent may apply to the planning commission for a waiver of any locational provisions contained in this chapter. The planning commission, after a hearing, may waive any locational provision, if all of the following findings are made:

a. The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed, and

b. The proposed use will not enlarge or encourage the development of a "skid row" area, and

c. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, and

d. All applicable regulations of this code will be observed;

2. The procedure for this hearing shall be the same as that provided in Section 17.92.020, with, among other matters, the same notice requirements, the same right of appeal to the board of supervisors and the same fees payable by the applicant.

(Prior code § 5.03.040)

A. Intent. The purpose of this section is to:

1. Provide opportunity for the establishment of wineries as a viable economic component of the local agricultural industry;

2. Encourage the development and expansion of wineries in suitable locations while regulating such uses to minimize potential off-site impacts to adjacent land owners and the environment.

B. Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this section:

1. "Winery" means an agricultural processing facility used for the fermenting and processing of grape juice into wine, the refermenting of still wine into sparkling wine, the processing and distilling (including storage and bottling) of fermented grape juice, mash, or wine into brandy, or any combination of these processes.

Cross reference— "Winery" defined, § 17.02.636.

2. "Boutique winery" means a winery that produces up to one thousand cases per year.

3. "Small winery" means a winery that produces from one thousand one up to five thousand cases per year.

4. "Medium winery" means a winery that produces from five thousand one up to twenty-five thousand cases per year.

5. "Large winery" means a winery that produces in excess of twenty-five thousand cases per year.

6. "Minimum winery acreage" means the minimum amount of contiguous land under one ownership required to establish a winery in accordance with this section. The minimum winery acreage may be achieved by combining the acreage of more than one parcel of land provided such parcels are contiguous and under one ownership.

7. "Minimum planted vineyard" means the minimum amount of planted vineyard within the minimum winery acreage necessary to establish a winery in accordance with this section. The minimum planted vineyard is calculated as the net planted vineyard acreage exclusive of residences, structures or other buildings.

8. "Production facilities" means the equipment and structures used for cleaning, crushing, fermenting, bottling, bulk and bottle storage, shipping, receiving, and laboratories.

9. "Accessory winery event" means a private event hosted by the on-site winery and includes the gathering of people for the purpose of promoting and marketing wines produced on-site by the host winery. Accessory winery events involve wine tasting and private or club sales, and include wine release parties, barrel tasting, wine club activities and similar events, but do not include events open to the public or any event where the facility is rented, or offered for rent, to a second party. Limitations on the number of accessory winery events and/or the maximum number of people attending such events may apply in accordance with Table 17.88.300.

10. "Special winery event" means any event, public or private, that includes the gathering of people for the purpose of promoting and marketing wine, the wine industry and the host winery, including fund raising events, weddings, anniversary parties, family reunions, and other events of similar character and intensity where the winery, winery facilities and/or grounds are rented or offered for rent to a second party.

11. "Tasting room" or "public tasting room" means a room, place or portion of a winery designated for the sampling or tasting of agricultural products grown, produced, or processed on-site, including wine or wine products, by members of the public.

Cross reference— "Tasting room" defined, § 17.02.591.

C. Applicability. Wineries may be allowed in the following zone districts subject to all applicable provisions of this section, including, but not limited to, the permit requirements, minimum acreage and other limitations in Table 17.88.300: Exclusive agricultural (EA); timberland (TL); habitat protection (HP); limited agricultural (A-1); limited residential (R-L); rural residential (R-R); unclassified (U); mixed use (MU); commercial-light industrial (C-M); light industrial (M-L); and general industrial (M).

D. General Provisions and Operational Standards.

1. Vineyard Required and Limits on Blending. Except in the C-M, M-L and M zone districts:

a. Operation of a winery is contingent upon the production and sale of wines produced from grapes grown within the minimum planted vineyard, as defined.

b. Blending of grapes or wines produced off-site may be allowed in conjunction with wine produced from grapes grown within the minimum planted vineyard, provided the extent of such blending shall not exceed seventy-five percent of annual production.

2. Vineyard Maintenance Required.

a. The minimum planted vineyard shall be properly maintained in a healthy growing condition to produce a commercial wine grape crop.

b. Should the required proper maintenance and care cease to the point where the minimum planted vineyard is no longer producing a commercial crop, as determined by the planning director in consultation with the Shasta County agricultural commissioner, the right to operate the winery shall become void and winery operations shall terminate.

3. Accessory Uses. Unless otherwise restricted or prohibited, a winery may include the following accessory and subordinate uses, processing and structures, subject to all applicable provisions of this section, all applicable building code requirements and approvals from all agencies with jurisdiction:

a. Crushing and pressing of grapes;

b. Fermenting, aging, processing and blending of grape juice, wine and related products;

c. Proper disposal of winery waste water;

d. On-site recycling of pomace, culls, lees, and stems in accordance with any applicable report of waste discharge approved by the regional water quality control board;

e. Bottling and labeling;

f. Storage of wine in vats, barrels, bottles, or cases;

g. On-site wine cellars and caves;

h. Laboratory;

i. Administrative office;

j. Shipping, receiving, and distribution of wine;

k. Refrigeration systems;

l. Domestic wastewater treatment systems;

m. Shops and structures for repair, maintenance, machining, welding and storage of winery-related agricultural and processing equipment and machinery;

n. One public tasting room, pursuant to an alcoholic beverage control (ABC) winegrower's license, the size and location of which shall be specified in the land use permit approved by the county;

o. Retail sales of wine products produced on-site and related promotional items limited to an area not larger than thirty percent of the indoor area permitted for wine tasting;

p. Truck scales, loading facilities and truck parking.

4. Access Standards.

a. Access driveways to wineries with a public tasting room or special winery events shall, at a minimum, meet the applicable fire safety standards specified in Section 6.12 Private Road, Public Road, and Non-Residential Driveway Standards, of the Shasta County Development Standards, and shall 1) connect to a county-maintained public road; or 2) connect to a private road or permanent road division (PRD) that meets all applicable standards of Chapter 6 Fire Safety Standards or Chapter 2 Road Policies and Standards of the Shasta County Development Standards, whichever is the higher standard, as determined by the servicing fire agency and the director of public works.

b. If a winery is accessed from a county-maintained road, an encroachment permit may be required to address ingress, egress and sight distance requirements.

5. Food Service.

a. All food service associated with a winery shall comply with the California Retail Food Code and all applicable regulations of the Shasta County Code, including, but not limited to, Health and Safety (Title 8), Building and Construction (Title 16), and Zoning (Title 17).

b. Unless otherwise addressed in a use permit, food service associated with a public tasting room excludes any on-site kitchen, cooking or food preparation facilities and shall be limited to pre-packaged foods.

c. Eating areas, indoor and outdoor, may be allowed in conjunction with a permitted tasting room provided all such eating area(s) is (are) within the area approved for tasting in the applicable ABC permit and as specified in an administrative permit or use permit approved by the county.

6. Special Events. Special winery events shall be confined to an area within the interior of the property to minimize the impact of noise and other activities on adjacent and/or surrounding properties. Specific standards and conditions shall be addressed through the required use permit.

7. Signage. Except in the C-M, M-L and M zone districts, notwithstanding the limitations of the Shasta County sign regulations (Shasta County Code Section 17.84.062(B)(2) and Table 17.84.065), the following shall apply to wineries with an approved public tasting room or special winery events:

a. One freestanding on-site sign no larger than thirty-two square feet and no more than six feet in height may be allowed for each street frontage of the minimum winery acreage.

b. Off-site signs containing solely directional information to wineries with approved public tasting rooms and/or special events may be allowed in those zone districts that allow wineries, provided such signs shall not exceed four square feet each, or six feet in height, and shall be limited to the number and location specified in the approved administrative or use permit for the tasting room or special event(s). For example, a directional sign placed along the travel route may be limited to the words "winery" or "wine tasting" with a directional arrow and distance to the destination.

c. A directional sign meeting the specifications of the public works director may be allowed in the public right-of-way if in the opinion of the public works director it is necessary to improve public safety and maintain traffic flow, and is deemed to be in the interest of the traveling public.

d. All signs shall be subject to the requirements and approval of all agencies with jurisdiction.

8. Public Tasting Room.

a. The primary focus of the public tasting room shall be the marketing and sale of the wine and wine products produced at the winery.

b. County approval of a tasting room shall be contingent upon approval pursuant to an ABC license.

c. The size and location of a public tasting room shall be specified in the land use permit approved by the county that allows the public tasting room, and shall be located completely within the area approved for wine tasting activities specified in the approved ABC license; however, the county may approve a smaller tasting area than that approved in the ABC license based on an assessment of the size of the winery parcel and surrounding lands, the nature of and proximity to nearby land uses, anticipated traffic, topography, and other factors determined by the planning director to be relevant.

9. Solid Waste. All solid waste shall be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, vector, or other nuisance conditions. Pomace, culls, lees, and stems may be recycled onsite in accordance with any applicable report of waste discharge approved by the regional water quality control board.

10. Winery Production Waste. Standards for winery production waste disposal shall be set, where applicable, by the regional water quality control board and shall be stipulated in the report of waste discharge.

11. On-Site Sewage Disposal. If public sanitary sewer is not available, then the on-site sewage disposal system shall be designed in compliance with County Code Chapter 8.40, and Chapter 5 of the Shasta County Development Standards, and sized to accommodate employee, tasting room and commercial sewage flows. Portable toilets may be approved by the county environmental health division for permitted and approved temporary and promotional events.

Table 17.88.300 PERMIT REQUIREMENTS, MINIMUM ACREAGE AND OTHER LIMITATIONS

Table 17.88.300 EXPLANATION OF TERMS

Winery Type: (see definitions for Boutique, Small, Medium and Large Winery)

Other Uses: (see definitions for Accessory and Special Winery Events and Public Tasting Room)

Zone Districts:

EA = Exclusive Agriculture (Zoning Plan Chapter 17.06)

TL = Timberland (Zoning Plan Chapter 17.10)

HP = Habitat Protection District (Zoning Plan Chapter 17.14)

A-1 = Limited Agriculture (Zoning Plan Chapter 17.04)

U = Unclassified (Zoning Plan Chapter 17.64)

R-L = Limited Residential (Zoning Plan Chapter 17.24)

R-R = Rural Residential (Zoning Plan Chapter 17.26)

MU = Mixed Use (Zoning Plan Chapter 17.54)

C-M = Commercial-Light Industrial (Zoning Plan Chapter 17.52)

M-L = Light Industrial (Zoning Plan Chapter 17.56)

M = General Industrial (Zoning Plan Chapter 17.58)

Land Use Permits:

ZP = Zoning Permit (Zoning Plan Section 17.92.060)

ADM = Administrative Permit (Zoning Plan Section 17.92.050)

UP = Use Permit (Zoning Plan Section 17.92.020)

Minimum Acreage: Acreage figures refer to the minimum winery acreage as defined and minimum planted vineyard as defined. For example, for a boutique winery in the EA zone, the minimum winery acreage is two acres and the minimum planted vineyard is 0.4 acres.

Other Limitations: Other limitations apply as indicated and may specify the number of events allowed in a given time period, or the additional acreage required for certain uses. For example, in the limited residential (R-L) zone, a public tasting room and retail sales may be allowed on a five-acre parcel upon approval of a use permit; however, a parcel of at least twenty acres would be required for special winery events (up to two per month) with approval of a use permit.

*

The standards for wineries in an unclassified (U) zone shall be determined by the general plan land use designation of the winery parcel and the zoning commonly applied for that designation as determined by the planning director. For example, a winery in the U zone in a full-time agricultural general plan designation (i.e., A-G or A-C) would have the same standards as the EA zone; a winery in the U zone in a "Rural Residential-A" general plan designation would have the same standards as the RR zone.

(Ord. 2002-6 § 19, 2002)

(Ord. No. 2015-01, § I, 4-14-2015)

A. Legislative Findings.

The board of supervisors finds as follows:

1. In 1996, the voters of the state of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" ("the Compassionate Use Act").

2. The intent of the Compassionate Use Act was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specific circumstances, without being subject to criminal prosecution under certain state statutes.

3. On January 1, 2004, Senate Bill 420, codified as Health and Safety Code sections 11362.7 et seq., entitled "The Medical Marijuana Program Act," and as subsequently amended, became effective to clarify the scope of the Compassionate Use Act.

4. The county of Shasta has adopted a zoning plan identified as Title 17 (Zoning) of the Shasta County Code.

5. Prior to the enactment of this section, medical marijuana dispensaries were considered similar to "clubs," and were only permissible in the following zone districts and only upon first securing a use permit:

• Community Commercial (C-2) District;

• Office Commercial (C-O) District; and

• Mixed Use (M-U) District.

6. Other than the foregoing, prior to the enactment of this section, there were no other regulations addressing medical marijuana dispensaries in the zoning plan.

7. Other public entities have reported adverse impacts from medical marijuana dispensaries, including, but not limited to, an increase in crime such as burglary and robbery, disagreeable odor, negative effects on physical, mental, and community health, loitering, increases in traffic, noise, and the sale of illegal drugs (including the illegal resale of marijuana from medical marijuana dispensaries) in the areas immediately surrounding such medical marijuana dispensaries.

8. The county of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

9. Preemption of the county of Shasta's authority will not be implied when the legislative scheme of the law, including the Medical Marijuana Program Act and the Compassionate Use Act, either permits or recognizes local regulation.

10. The Medical Marijuana Program Act, at Health and Safety Code Section 11362.768, authorizes the county of Shasta to adopt an ordinance restricting the establishment of medical marijuana dispensaries.

11. Effective January 1, 2012, AB 1300, amending Health and Safety Code Section 11362.83, additionally authorizes the county of Shasta to adopt an ordinance restricting the establishment of medical marijuana cooperatives and collectives.

12. Regulations are needed to protect the public health, safety, and welfare of residents, children, and businesses from harmful secondary effects of sales and distribution of marijuana and any other illegal drugs under local, state, or federal laws.

13. The board of supervisors enacts this section to further regulate medical marijuana dispensaries in furtherance of the public necessity, health, safety, convenience, and general welfare.

B. Intent.

It is the intent of the board of supervisors to prohibit the operation of medical marijuana dispensaries in the unincorporated area of the county of Shasta.

C. Definitions.

"Cultivation" shall mean the planting, growing, harvesting, drying, or processing of Marijuana or any part thereof.

"Marijuana" shall have the same meaning as that set forth in Health and Safety Code section 11018, as may be amended.

"Medical marijuana dispensary" shall mean any facility or location, whether fixed or mobile, where medical marijuana is made available, sold, transmitted, given, distributed by or to, or otherwise provided by or to, one or more of the following: a primary caregiver, or a qualified patient.

A medical marijuana dispensary does not include the providing of medical marijuana to qualified patients by their designated primary caregivers in the following locations and uses, as long as the location is otherwise regulated by the Shasta County Code and/or applicable law and as long as the use complies with the Shasta County Code and/or applicable law, including, but not limited to, the Compassionate Use Act and the Medical Marijuana Program Act:

1. A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code if the owner or operator of the clinic (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

2. A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code if the owner or operator of the health care facility (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code if the owner or operator of the residential care facility (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code if the owner or operator of the residential care facility (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

5. A hospice or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code if the owner or operator of the hospice or home health agency (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

6. A qualified patient's or a primary caregiver's primary place of residence when the qualified patient or primary caregiver is in compliance with all applicable land use approvals and requirements for medical marijuana cultivation pursuant to Title 17 of the Shasta County Code.

"Medical marijuana" shall mean marijuana recommended by a licensed physician, in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program Act.

"Primary caregiver" shall have the same definition as Health and Safety Code Section 11362.7(d), as may be amended.

"Qualified patient" shall have the same definition as Health and Safety Code Sections 11362.7 (c) and (f), as may be amended.

"Drug paraphernalia" shall have the same definition as Health and Safety Code Section 11364.5, as may be amended.

D. Prohibition.

Medical marijuana dispensaries are prohibited in all zones of the county and no permit or approval of any type shall be issued therefor.

E. Enforcement.

All medical marijuana dispensaries shall be subject to Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Section 17.94.060.

F. Liability.

The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of marijuana remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not protect any of the above described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of medical marijuana. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or by Shasta County itself, shall not become a personal liability of such person or a liability of the county.

(Ord. No. 2012-04, § I, 12-13-2011)

Editor's note— Ord. No. 2017-07, § I, adopted Nov. 14, 2017, repealed former § 17.88.315 in its entirety which pertained to medical cannabis deliveries and derived from Ord. No. 2016-01, § I, adopted Feb. 2, 2016.

A. Legislative Findings.

The Board of Supervisors finds as follows:

1. In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" ("the Compassionate Use Act" or CUA).

2. The intent of the Compassionate Use Act was to enable seriously ill Californians to obtain marijuana for appropriate medical purposes and use it under limited, specific circumstances, without being subject to criminal prosecution under certain state statutes. The Compassionate Use Act further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting the Compassionate Use Act expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere."

3. On January 1, 2004, Senate Bill 420, codified as Health and Safety Code Section 11362.7 et seq. and entitled "The Medical Marijuana Program (MMP) Act," and as subsequently amended, became effective to clarify the scope of the Compassionate Use Act, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes.

4. The Medical Marijuana Program Act, at Health and Safety Code Section 11362.768, authorizes the county of Shasta to adopt an ordinance restricting the location and the establishment of medical marijuana cooperatives, collectives, dispensaries, operators, establishments, and providers.

5. The Medical Marijuana Program Act, at Health and Safety Code Section 11362.83 expressly allows cities and counties to adopt and enforce ordinances that are consistent with the Medical Marijuana Program Act, and additionally authorizes the county of Shasta to adopt an ordinance regulating the location, operation, and establishment of medical marijuana cooperatives and collectives.

6. In Browne v. County of Tehama, 213 Cal. App. 4th 704 (2013), the California Court of Appeal stated that "Neither the Compassionate Use Act nor the Medical Marijuana Program grants... anyone... an unfettered right to cultivate marijuana for medical purposes. Accordingly, the regulation of cultivation of medical marijuana does not conflict with either statute." Similarly, in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. 56 Cal. 4th 729 (2013), the California Supreme Court concurred that "Nothing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..."

7. On November 8, 2016, the California electorate approved Proposition 64, known as the "Adult Use of Marijuana Act" or "AUMA." The AUMA's purpose is to establish a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults twenty-one years and older, and to tax the commercial growth and retail sale of marijuana.

8. On June 27, 2017, the California Legislature adopted the "Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)." The MAUCRSA, among other things, revised references to "marijuana" or "medical cannabis" in existing law to instead refer to "cannabis" or "medicinal cannabis."

9. The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.1(a)(3) provides, in pertinent part, that it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons twenty-one years of age or older to possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants. These activities shall collectively be referred to as "Personal Cultivation Under Health & Safety Code § 11362.1(a)(3)."

10. The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.2(a) provides that "Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

a. A person shall plant, cultivate, harvest, dry or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b)(1).

b. The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person's private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.

c. Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time."

11. The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.2(b)(1) further provides that a city, county, or city and county may enact and enforce reasonable regulations to regulate Personal Cultivation Under Health and Safety Code § 11362.1(a)(3).

12. The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.2(b)(2), provides that no county may completely prohibit persons from engaging in Personal Cultivation Under Health and Safety Code § 11362.1(a)(3) inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

13. The AUMA, as amended by the MAUCRSA, at Health and Safety Code §§ 11362.2(b)(3) & (4), provides that a county may completely prohibit persons from engaging in Personal Cultivation Under Health and Safety Code § 11362.1(a)(3) outdoors upon the grounds of a private residence until such time as the California Attorney General determines that nonmedical use of cannabis is lawful in the State of California under federal law.

14. The county of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

15. Preemption of the county of Shasta's authority will not be implied when the legislative scheme of the law, including, but not limited to, the Medical Cannabis Program Act and the Compassionate Use Act, the AUMA, and the MAUCRSA, either permits or recognizes local regulation.

16. The county of Shasta has adopted a zoning plan identified as Title 17 (Zoning) of the Shasta County Code.

17. The county's unique geographic and climate conditions, which include dense forested areas receiving substantial precipitation, along with the sparse population in many areas of the county, provide conditions that are favorable to cannabis cultivation. Cultivation has occurred in the rural and also in more residential and town center areas of unincorporated portions of the county. Cannabis growers can achieve a high per-plant yield with high economic value because of the county's favorable growing conditions.

18. Shasta County and other public entities have reported adverse impacts from cannabis cultivation, including, but not limited to, disagreeable odors, negative effects on the environment, unsanitary conditions, negative effects on physical, mental and community health, violation of building codes, increased risk of burglary and other property crimes, and acts of violence in connection with the commission of such crimes or the occupants' attempts to prevent such crimes.

19. The creation of persistent strong odors as cannabis plants mature and flower is offensive to many people, results in complaints of respiratory problems, and creates an attractive nuisance, alerting persons to the location of valuable cannabis plants and creating an increased risk of crime.

20. Children are particularly vulnerable to the effects of cannabis use, and the presence of cannabis plants is an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children, including schools, parks, churches, and other similar locations. Further, the potential for criminal activities associated with cannabis cultivation in such locations poses heightened risks that children will be involved or endangered.

21. The indoor cultivation of substantial amounts of cannabis within a residence presents potential health and safety risks to those living in the residence, especially to children, including, but not limited to, increased risk of fire from grow light systems, exposure to fertilizers, pesticides, anti-fungus/mold agents, and exposure to potential property crimes targeting the residence.

22. Comprehensive restrictions for cannabis cultivation are proper and necessary to address the risks and adverse impacts as stated herein, that are especially significant if the amount of cannabis cultivated is not regulated and substantial amounts of cannabis are thereby allowed to be concentrated in one place.

23. The risks and adverse impacts of cannabis cultivation, as stated herein, are applicable regardless of whether the cannabis cultivation is for medical or nonmedical purposes. The provisions contained in this section are intended to simplify the cannabis cultivation regulations to be more readily understood by those affected, to expedite the code enforcement process and to more effectively control the adverse impacts associated with cannabis cultivation as stated herein, while considering the desires of qualified patients and their primary caregivers, and considering the provisions in the AUMA relating to Personal Cultivation Under Health and Safety Code § 11362.1(a)(3).

B. Intent.

1. The Shasta County Board of Supervisors hereby intends to regulate the cultivation of cannabis for both medical and nonmedical purposes, including without limitation, regulations as to location of cultivation, the number of cannabis plants, and the use of screening and security structures, to more effectively control the adverse impacts associated with cannabis cultivation as stated herein, while considering the desires of qualified patients and their primary caregivers, and considering the provisions in the AUMA relating to Personal Cultivation Under Health and Safety Code § 11362.1(a)(3), in furtherance of the public necessity, health, safety, convenience, and general welfare. Nothing in this section shall be construed to authorize any use, possession, cultivation, or distribution of cannabis that is in violation of state or federal law.

2. This section is established to regulate cannabis cultivation in a manner that mitigates potential impacts on properties and persons, and that is in conformance with all relevant provisions of law.

3. All references to statutes and ordinances in this section refer to statutes and ordinances as they currently exist and as they may be amended.

C. Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this section. References to terms and definitions in the Shasta County Code refer to those terms and definitions as they currently exist and as they may be amended:

1. "Cannabis" shall have the same meaning as that set forth in Health and Safety Code Section 11018. Cannabis, and the cultivation thereof, as defined in this section and in other sections of the Shasta County Code, shall not be considered agriculture or agricultural processing as defined in Sections 17.02.055 and 17.02.057, respectively, of the Shasta County Code.

2. "Cannabis plant" means any mature or immature cannabis plant, or any cannabis seedling.

3. "Child care center" means any licensed child care center, "day care center" as defined in Shasta County Code Section 17.02.165 or as defined in Health and Safety Code Section 1596.76, "large day care home" as defined in Shasta County Code Section 17.02.170, "small day care home" as defined in Shasta County Code Section 17.02.175, childcare home, or any preschool.

4. "Church" is defined in Shasta County Code Section 17.02.145.

5. "Cultivation" or "cultivate" means any activity involving the planting, growing, harvesting, drying, processing, curing, grading or trimming of one or more cannabis plants or any part thereof.

6. "Dwelling unit" is defined in Shasta County Code Section 17.02.205.

7. "Enforcing officer" is defined in Shasta County Code Section 17.94.060(C)(1).

8. "Fence" is defined in Shasta County Code Section 17.02.222 and is further defined as a wall or a barrier connected by boards, masonry, rails, panels, or other materials approved by the director of resource management for the purpose of enclosing space or separating parcels of real property. For purposes of this section, the term "fence" does not include retaining walls, tarpaulins, bamboo, or similar screening or scrap material.

9. "Indoor" or "indoors" means within a "residence" or a "residential accessory building" as defined herein.

10. "Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410 of Title 7 of the Government Code) or is otherwise established by law.

11. "Medical cannabis" or cannabis "for medical purposes" shall mean cannabis recommended by a licensed physician, in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program Act.

12. "Outdoor" or "outdoors" means any location that is not in a "residence" or in a "residential accessory building" as defined herein.

13. "Parcel" means a "legal parcel" as defined herein.

14. "Primary caregiver" shall have the same definition as Health and Safety Code Section 11362.7(d).

15. "Public library" means a public facility in which literary, musical, artistic, or reference materials are kept for reading, reference or lending.

16. "Public park" means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

17. "Qualified patient" shall have the same definition as Health and Safety Code Section 11362.7(c) and (f).

18. "Residence" shall mean a fully enclosed structure, legally established with all required permits approved, used for human occupancy, and shall have the same meaning as "one-family residence," "two-family residence," "multifamily residence," "accessory dwelling," "family care residence," "employee housing," "boarding house," "supportive housing," "transitional housing," "mobile home," "manufactured home," "multifamily manufactured home," "group foster home," "residential care facility," and "residential facility for the elderly" as defined in Shasta County Code Sections 17.02.450, 17.02.460, 17.02.445, 17.02.192, 17.02.442, 17.02.212, 17.02.090, 17.02.591, 17.02.603, 17.02.365, 17.02.355, 17.02.377, 17.02.240, 17.02.465, and 17.02.470, respectively.

19. "Residential accessory building" is defined in Shasta County Code Section 17.02.125.

20. "School" is defined in Shasta County Code Section 17.02.500.

21. "School bus stop" means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 545, or school pupil activity buses, as defined in Vehicle Code Section 546.

22. "School evacuation site" means any location designated by formal action of the governing body, superintendent, or principal of any school as a location to which juveniles are to be evacuated, or are to assemble, in the event of an emergency or other incident at the school.

23. "Sheriff" or "sheriffs office" means the Shasta County Sheriffs Office or the authorized representatives thereof.

24. "Youth-oriented facility" means elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a child care center. A "youth-oriented facility" shall also mean a "youth center" as defined in Health and Safety Code Section 11353.1.

D. Nuisance Declared; Cultivation Restrictions.

1. Regardless of whether the cannabis is for medical purposes or nonmedical purposes, the cultivation of cannabis plants on any parcel not in conformance with the provisions of this section is hereby declared to be a public nuisance that may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code, Shasta County Code Section 17.94.060, and by any other means available by law. The provisions of Chapter 17.90 (Nonconforming Uses) of the Shasta County Code shall not apply to the cultivation of cannabis plants hereby declared to be a public nuisance.

2. Outdoor cultivation on any parcel is prohibited.

3. Cultivation may only occur on a parcel within (1) a residence, or (2) a detached residential accessory building associated with a residence that is affixed to the real property that complies with all of the provisions of the Shasta County Code relating to accessory structures, including, but not limited to, the county's general development standards in Chapter 17.84, and Section 17.88.140 of the Shasta County Code. Where the provisions of this section are more restrictive than Shasta County Code Chapter 17.84 and Section 17.88.140, the provisions of this section shall govern.

4. Cultivation within a residence or a residential accessory building associated with a residence shall meet all of the following criteria:

a. The building and interior space shall be legally constructed with all applicable permits and provided with proper ingress and egress, including, but not limited to, structural, electrical, mechanical, and plumbing approved by the applicable authorities prior to any cultivation activity. The conversion of any existing space for cultivation shall be subject to all applicable permit requirements and inspection.

b. Hardwired or battery powered smoke and carbon monoxide detectors, or a combination smoke and carbon monoxide detector, shall be located directly outside and within three feet of any space used for cultivation.

c. The use of open flame, butane or other flammable gases for cultivation is prohibited.

d. The storage or use of chemicals or materials not specifically recommended by the manufacturer for indoor use is prohibited.

e. The cultivation space shall be equipped with odor control filtration and ventilation system(s) adequate to prevent a humidity or mold problem.

f. The cannabis lighting system shall not exceed a total of one thousand two hundred watts or the conductor size of the electrical system or wiring.

g. Any automated watering system shall include a secondary containment system.

h. All lighting, ventilation and other equipment shall be UL listed, tested, and approved for the intended use and shall conform to all applicable building, mechanical, and electrical codes.

i. The cultivation space shall include adequate coverings on windows to confine light and glare to the interior of the structure.

j. Any residential accessory building where cultivation is permitted shall have locking doors and a working security system which shall consist of a standard audible residential alarm of at least ninety dBA, but not exceeding one hundred ten dBA. This provision shall not apply to cultivation within a residence.

5. No more than six cannabis plants shall be permitted to be cultivated within a dwelling unit of a residence. Cultivation is permitted within a dwelling unit of a residence and within a residential accessory building associated with that dwelling unit of a residence, but in no case shall the combined number of cannabis plants cultivated within a dwelling unit of a residence and within a residential accessory building associated with that dwelling unit of a residence exceed six. The foregoing limitations shall be imposed regardless of the number of qualified patients or primary caregivers or other persons residing within a dwelling unit of a residence or participating directly or indirectly in the cultivation. Further, this limitation shall be imposed notwithstanding any assertion that the person(s) cultivating cannabis are the primary caregiver(s) for qualified patients or that such person(s) are collectively or cooperatively cultivating cannabis.

6. Cultivation of cannabis shall not occur in a location where the cannabis would be visible or detectable from a school, school bus stop, school evacuation site, child care center, public park, public library, church, youth-oriented facility, or any public right-of-way or publicly traveled private roads at any stage of their growth.

7. All persons and entities engaging in the cultivation of cannabis shall:

a. Have a legal water source on the parcel;

b. Not engage in unlawful or unpermitted surface drawing of water for such cultivation; and

c. Not permit illegal discharges of water from the parcel.

8. Cannabis cultivation shall not adversely affect the environment or the public health, safety, or general welfare by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of plant or animal poisons, or hazardous materials, processes, products or wastes, or by any other way.

9. No person owning, leasing, occupying, or having charge or possession of any parcel within the county shall cause, allow, suffer, or permit such parcel to be used for the cultivation of cannabis in violation of the Shasta County Code.

10. Unless the person(s) cultivating cannabis on any parcel is/are the sole legal owner(s) of the parcel, such person(s) shall obtain a notarized letter(s) from all of the legal owner(s) indicating that all of the legal owner(s):

a. Has/have reviewed and understand(s) Section 17.88.320 of the Shasta County Code related to cannabis cultivation; and

b. Consent(s) to the cultivation of cannabis on the parcel.

A copy of the notarized letter(s) must be kept available on the parcel where the cultivation is located. The enforcing officer may prescribe forms for such letters. Cultivation in the absence of such notarized written consent is prohibited.

11. Cultivation shall be subject to the following permitting requirements:

a. Cultivation shall only occur after the issuance of a zoning permit, in accordance with Shasta County Code Section 17.92.060. Cultivation without a valid zoning permit is prohibited.

b. The term of any zoning permit issued for cultivation pursuant to this subsection shall be two years. The permit may be extended for two additional two-year terms (for a total of six years) provided that for each extension an application shall be made prior to expiration of the permit, which application shall include:

i. Payment of an extension and/or special inspection fee as set by the Board of Supervisors; and

ii. Verification that the cultivation is in full compliance with all applicable standards and regulations. The cultivation shall cease at the end of the term or any applicable extension term, but a new zoning permit may be granted in accordance with Shasta County Code Section 17.92.060 and this section.

E. Enforcement.

Cannabis cultivation shall be subject to Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Chapter 17.94. Furthermore, in the performance of his or her functions, the enforcing officer is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.320 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

F. Non-Exclusive Remedy.

This section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

G. Liability.

The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not authorize conduct or acts that violate federal law, does not serve in any manner as an obstacle to enforcement of federal law, and does not protect any of the above-described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of cannabis. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or Shasta County itself shall not become a personal liability of such person or a liability of the county.

H. Misdemeanor Penalty.

As authorized by Government Code Section 25132, and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.320 of the Shasta County Code shall be guilty of a misdemeanor.

(Ord. No. 2019-04, § I, 6-18-2019)

Editor's note— Ord. No. 2019-04, § I, adopted June 18, 2019, repealed the former § 17.88.320, and enacted a new § 17.88.320 as set out herein. The former § 17.88.320 pertained to medical marijuana cultivation and derived from Ord. No. 2011-05, § I, adopted December 13,2011; Ord. No. 2014-02, § I, January 28, 2014; Ord. No. 2016-01, § II, adopted February 2, 2016)

A. Legislative Findings. The board of supervisors finds as follows:

1. On January 1, 2016, the "Medical Marijuana Regulation & Safety Act" (MMRSA) became effective, to establish a state regulatory structure concerning, among other things, the issuance of state licenses for commercial cannabis activity, as defined in Business & Professions Code section 19300.5, for medical purposes. On June 27, 2016, the "Medical Marijuana Regulation & Safety Act" was renamed as the "Medical Cannabis Regulation & Safety Act. (MCRSA).

2. On November 8, 2016, the California electorate approved Proposition 64, known as the "Adult Use of Marijuana Act" or "AUMA." The AUMA's purpose is to establish a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana.

3. On June 27, 2017, the California Legislature adopted the "Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)." The MAUCRSA repealed the MCRSA and included certain provisions of the MCRSA in the licensing provisions of the AUMA. The MAUCRSA also revised references to "marijuana" or "medical cannabis" in existing law to instead refer to "cannabis" or "medicinal cannabis."

4. The AUMA, as amended by the MAUCRSA, established a process for the state licensing of "commercial cannabis activity," as defined at Business & Professions Code section 26001, for both medical and nonmedical purposes.

5. The AUMA, as amended by the MAUCRSA, at Business & Professions Code § 26200(a), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the AUMA, as amended by the MAUCRSA, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under the AUMA, as amended by the MAUCRSA, within the local jurisdiction.

6. The AUMA, as amended by the MAUCRSA, at Business & Professions Code § 26200(f), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be deemed to limit the authorities or remedies of a county under any provision of law, including, but not limited to, section 7 of Article XI of the California Constitution.

7. The county of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

8. Adverse impacts have been reported related to the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, and sale of cannabis, including but not limited to, disagreeable odors, negative effects on the environment, unsanitary conditions, negative effects on physical, mental and community health, violation of building codes, increased risk of burglary and other property crimes, and acts of violence in connection with the commission of such crimes or attempts to prevent such crimes.

9. Regulations are needed to protect the public health, safety, and welfare of residents, children, and businesses from harmful secondary effects of the aforementioned cannabis activity.

10. The board of supervisors enacts this section to regulate commercial cannabis activity in furtherance of the public necessity, health, safety, convenience, and general welfare.

B. Intent. It is the intent of the board of supervisors to prohibit commercial cannabis activity in the unincorporated area of the county of Shasta.

C. Definitions. For purposes of this section only, the following definitions shall be applicable:

"Commercial cannabis activity" shall have the same definition as set forth in Business & Professions Code section 26001. For purposes of this section, it shall also include "delivery" as set forth in Business & Professions Code section 26001, and "operation," as set forth in Business & Professions Code § 26001.

"Cannabis" shall have the same meaning as set forth in Health and Safety Code Section 11018 and Business & Professions Code section 26001. It shall also include "cannabis concentrate," "cannabis products," "edible cannabis products," "medicinal cannabis," and "medicinal cannabis product," as set forth in Business & Professions Code § 26001.

"Customer" shall have the same definition as set forth in Business & Professions Code section 26001.

"Delivery" shall have the same definition as set forth in Business & Professions Code section 26001.

"Primary caregiver" shall have the same definition as set forth in Health & Safety Code section 11362.7(d).

"Qualified patient" shall have the same definition as set forth in Health & Safety Code section 11362.7(c) and (f).

"Transfer" means to make available, sell, transmit, give, distribute, or otherwise provide.

All references to statutes and ordinances in this section refer to statutes and ordinances as they currently exist and as they may be amended

D. Prohibition.

1. Commercial cannabis activity is prohibited in all zones of the unincorporated area of the county of Shasta and no permit or approval of any type shall be issued therefor. This prohibition applies regardless of whether the commercial cannabis activity is for medical purposes or nonmedical purposes.

2. The delivery of cannabis to a customer in the unincorporated area of the county of Shasta is prohibited and no permit or approval of any type shall be issued therefor. This prohibition applies regardless of whether the delivery is for medical purposes or nonmedical purposes

3. Temporary events involving the onsite sale or consumption of cannabis are hereby prohibited in all zones of the unincorporated area of the County of Shasta and no permit or approval of any type shall be issued therefor. This prohibition applies regardless of whether the temporary event is for medical purposes or nonmedical purposes.

4. This section shall not prohibit the transfer of medicinal cannabis or medicinal cannabis products by primary caregivers to their qualified patients for compensation in accordance with Health & Safety Code section 11362.765(c), when both of the following requirements are satisfied:

a. The transfer of medicinal cannabis or medicinal cannabis products is authorized under Shasta County Code section 17.88.310; and

b. The primary caregivers and qualified patients are exempt from the licensure requirements of Division 10 of the Business & Professions Code (commencing at Business & Professions Code section 26000), pursuant to Business & Professions Code section 26033.

E. Enforcement. Any violation of Subsection (D) of this Section 17.88.325 of the County Code is hereby declared to be a public nuisance and may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Chapter 17.94 and by any other means available by law. Furthermore, in the performance of his or her functions, the enforcing officer is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.325 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

F. Non-Exclusive Remedy. This section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

G. Liability. The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not authorize conduct or acts that violate federal law, does not serve in any manner as an obstacle to enforcement of federal law, and does not protect any of the above-described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of cannabis. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or Shasta County itself shall not become a personal liability of such person or a liability of the county.

H. Misdemeanor Penalty. As authorized by Government Code section 25132, and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.325 of the Shasta County Code shall be guilty of a misdemeanor.

(Ord. No. 2017-07, § II, 11-14-2017)

A. Legislative findings. The Board of Supervisors finds as follows:

1. On January 1, 2016, the "Medical Marijuana Regulation and Safety Act" (MMRSA) became effective, to establish a state regulatory structure concerning, among other things, the issuance of state licenses for commercial cannabis activity, as defined in Business and Professions Code Section 19300.5, for medical purposes. On June 27, 2016, the "Medical Marijuana Regulation and Safety Act" was renamed as the "Medical Cannabis Regulation and Safety Act (MCRSA).

2. On November 8, 2016, the California electorate approved Proposition 64, known as the "Adult Use of Marijuana Act" or "AUMA." The AUMA's purpose is to establish a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults twenty-one years and older, and to tax the commercial growth and retail sale of marijuana.

3. On June 27, 2017, the California Legislature adopted the "Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)." The MAUCRSA repealed the MCRSA and included certain provisions of the MCRSA in the licensing provisions of the AUMA. The MAUCRSA also revised references to "marijuana" or "medical cannabis" in existing law to instead refer to "cannabis" or "medicinal cannabis."

4. The AUMA, as amended by the MAUCRSA, established a process for the state licensing of "commercial cannabis activity," as defined at Business and Professions Code Section 26001, for both medical and nonmedical purposes.

5. The AUMA, as amended by the MAUCRSA, at Business and Professions Code § 26200(a), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the AUMA, as amended by the MAUCRSA, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under the AUMA, as amended by the MAUCRSA, within the local jurisdiction.

6. The AUMA, as amended by the MAUCRSA, at Business & Professions Code § 26200(f), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be deemed to limit the authorities or remedies of a county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.

7. The County of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

8. The Outdoor Advertising Act, at Business and Professions Code Section 5227, authorizes the County of Shasta to adopt reasonable land use or zoning regulations affecting the placing of advertising displays in accordance with the provisions of the state planning law.

9. Adverse impacts have been reported related to the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, and sale of cannabis, including, but not limited to, disagreeable odors, negative effects on the environment, unsanitary conditions, negative effects on physical, mental and community health, violation of building codes, increased risk of burglary and other property crimes, and acts of violence in connection with the commission of such crimes or attempts to prevent such crimes.

10. Regulations are needed to protect the public health, safety, and welfare of residents, children, and businesses from harmful secondary effects of the aforementioned cannabis activity.

11. The board of supervisors has adopted Shasta County Code Section 17.88.325, which prohibits all commercial cannabis activity in the unincorporated area of the county.

12. The Board of Supervisors enacts this section to regulate the advertising of commercial cannabis activity consistent with the prohibitions in Shasta County Code Section 17.88.325 and in furtherance of the public necessity, health, safety, convenience, and general welfare.

B. Definitions. For purposes of this section only, the following definitions shall be applicable:

"Advertise" or "advertising" means the publication or dissemination of any statement, illustration, or depiction which is calculated to induce commercial cannabis activity or sales of cannabis.

"Commercial cannabis activity" shall have the same definition as set forth in Business and Professions Code Section 26001. For purposes of this section, it shall also include "delivery" as set forth in Business and Professions Code Section 26001, and "operation," as set forth in Business and Professions Code § 26001.

"Cannabis" shall have the same meaning as set forth in Health and Safety Code Section 11018 and Business and Professions Code Section 26001. It shall also include "cannabis accessories," "cannabis concentrate," "cannabis products," "edible cannabis products," "medicinal cannabis," and "medicinal cannabis product," as set forth in Business and Professions Code § 26001.

All references to statutes and ordinances in this section refer to statutes and ordinances as they currently exist and as they may be amended.

C. Prohibition.

1. It is unlawful to advertise on an outdoor advertising sign as defined in Section 17.02.545, which is visible and legible from any public street, public road, or public highway, any aspect of commercial cannabis activity, including, but not limited to, pricing of cannabis, details regarding specific cannabis products, or cannabis photography or graphics related to the cannabis plant, cannabis products, or cannabis accessories.

2. The foregoing restrictions shall apply only to outdoor advertising signs as defined in Section 17.02.545 that are located within the unincorporated area of the County of Shasta.

D. Enforcement.

1. Any violation of subsection C of this Section 17.88.327 of the County Code is hereby declared to be a public nuisance and may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Chapter 17.94 and by any other means available by law. The provisions of Chapter 17.90 (Nonconforming Uses) of the Shasta County Code shall not apply to the conduct hereby declared to be a public nuisance.

2. Furthermore, in the performance of his or her functions, the enforcing officer is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.327 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

E. Non-exclusive remedy. This section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

F. Liability. The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not authorize conduct or acts that violate federal law, does not serve in any manner as an obstacle to enforcement of federal law, and does not protect any of the above-described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of cannabis. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or Shasta County itself shall not become a personal liability of such person or a liability of the county.

G. Misdemeanor penalty. As authorized by Government Code Section 25132, and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.327 of the Shasta County Code shall be guilty of a misdemeanor.

(Ord. No. 2021-07, § I, 11-16-2021)

A. Purpose and Authority.

1. Pursuant to Article XI, Section 7, of the California Constitution, the County of Shasta ("County") may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens. It is the purpose and intent of this section to establish standards, requirements, and regulations governing industrial hemp cultivation, including commercial and research industrial hemp activities.

2. Further, it is the purpose and intent of this section to impose reasonable land use regulations to protect the county's residents, neighborhoods, businesses, and the environment from disproportionately negative impacts caused by industrial hemp cultivation, processing, and manufacturing and to enforce rules and regulations consistent with state and federal law. Any standards, requirements and regulations established by the State of California, or any of its departments or divisions, regarding commercial and/or research industrial hemp cultivation, processing, and manufacturing shall be the minimum standards applicable within the unincorporated areas of the county.

3. The provisions of this section are in addition to any other permits, licenses and approvals which may be required to conduct business in the county, and are in addition to any permits, licenses, registrations, and approval required under federal, state, county, or other law.

B. Definitions. For the purposes of this section, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this section, the common and ordinary meaning of the word shall apply. All citations to federal or state law shall refer to the act, statute, or regulations as may be amended from time to time.

1. "Cultivation" means any activity involving the planting, growing, or harvesting of one or more hemp plants or any part thereof.

2. "Established agricultural research institution" has the same meaning as that term is defined in Section 81000 of the Food and Agricultural Code.

3. "Hemp" shall have the same meaning as "industrial hemp" set forth below.

4. "Industrial hemp" has the same meaning as that term is defined in Section 81000 of the Food and Agricultural Code.

5. "Manufacturing" means the making of products by hand or machine from industrial hemp, either exclusively or in combination with other raw materials. Manufacturing does not include any activity defined as "agricultural processing" pursuant to this section.

6. "Micro-greens" refers to hemp harvested as tiny seedlings when they are seven to fourteen days old and one to three inches tall.

7. "Nursery stock" shall have the meaning set forth in Food and Agricultural Code Section 5005.

8. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, including an established agricultural research institution, or any other group or entity, or combination acting as a unit. Except where otherwise indicated by context, the singular shall include the plural, and vice versa.

9. "Processing" has the same meaning as "agricultural processing" in Section 17.02.057 of the Shasta County Code. "Processing" includes storage.

10. "Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Volatile solvent does not include carbon dioxide used for extraction or ethanol used for extraction and post-extraction processing.

C. Nuisance Declared; Enforcement.

1. It is unlawful and is hereby declared to be a public nuisance for any person to engage in any industrial hemp cultivation, processing, or manufacturing for commercial and/or research purposes within the County without complying with all applicable federal, state, and local laws and regulations pertaining to such activities, including the provisions of this section and the duty to register with the county agricultural commissioner. Such activities may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code, Shasta County Code Section 17.94.060, and by any other means available by law. The provisions of Chapter 17.90 (Nonconforming Uses) of the Shasta County Code shall not apply to the cultivation, processing, and manufacturing of industrial hemp hereby declared to be a public nuisance.

2. The sheriff, the agricultural commissioner, and the director of resource management, and their respective designees, are charged with the responsibility of administering and exercising the authority conferred under this section.

3. In the performance of their functions, the enforcing officers are authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.330 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

4. Each and every violation of this section shall constitute a separate violation. All violations of this section are subject to punishment and enforcement measures authorized under federal or state laws and regulations, and Shasta County Code.

5. Such violations of County Code, federal and state laws or regulations, and failure to pay fees or penalties assessed as a result of industrial hemp activities in the county shall be cause to revoke any permits or registrations issued for industrial hemp activities. Failure to pay fees or penalties shall also be cause for non-renewal of a registration or permit until such time as said fees or penalties have been paid in full.

D. Agricultural Commissioner Registration for Cultivation or Processing. No person shall cultivate or process industrial hemp in the unincorporated areas of Shasta County without first obtaining a registration issued by the agricultural commissioner as required by state law.

E. Cultivation and Processing Requirements. The following standards shall apply to the cultivation and processing of industrial hemp for commercial and research purposes.

1. The indoor cultivation and processing of industrial hemp is permitted in the Exclusive Agricultural (EA), Limited Agriculture (A-1), and Unclassified (U) districts if a use permit is issued in accordance with the provisions of Section 17.92.020. Indoor cultivation and processing of industrial hemp is prohibited in all other districts. The indoor cultivation and processing of industrial hemp is limited to nursery stock and micro-greens.

2. Outdoor cultivation and processing of industrial hemp is prohibited in all districts.

3. Indoor cultivation or processing of industrial hemp may be proposed on a parcel of any size.

4. Any structure(s) containing facilities used for the cultivation or processing of industrial hemp must have all permits required under state law and Shasta County Code.

5. Processing of industrial hemp shall not be accomplished by use of volatile solvents.

6. Notwithstanding anything to the contrary in this Code, all parcels used for the cultivation or processing of industrial hemp shall have onsite signage indicating that hemp is being cultivated or processed on site. The signs shall:

a. Be of a size so that the wording on the sign is clearly visible and readable to a person with normal vision from a distance of twenty-five feet; and

b. Use letters and symbols that are of a color that sharply contrasts with their immediate background; and

c. Be posted at the corners of the parcel and at all usual points of entry to the parcel, including each road, footpath, walkway, or aisle that enters the cultivation area. When a parcel is adjacent to a public right-of-way, such as a road, trail, or path, signs shall be posted at intervals not exceeding six hundred feet along the parcel's border with the right-of-way.

7. A person cultivating or processing industrial hemp shall comply with all provisions of federal and state law, as well as all associated regulations therewith, as applicable to the cultivation or processing of industrial hemp, including, but not limited to, requirements for registration, cultivation, sampling, laboratory testing, harvesting, and crop destruction.

8. A registration issued by the agricultural commissioner shall be obtained prior to the cultivation or processing of industrial hemp for any purpose in the unincorporated areas of the county.

F. Financial Assurances for Cultivation. As a condition for issuance of a use permit, a person cultivating industrial hemp shall provide financial assurances to be applied against county costs for inspection, abatement, and destruction of non-compliant industrial hemp crops as follows:

1. Financial assurances may take the form of surety bonds, irrevocable letters of credit, trust funds, or other forms of financial assurance, which the director of resource management determines is adequate to secure recovery of the aforementioned county costs.

2. The financial assurances shall remain in effect for the duration of the cultivation activities.

3. The amount of financial assurances shall be in an amount not less than one hundred percent of the total estimated cost to the county for inspection, abatement, and destruction of non-compliant industrial hemp crops.

4. The financial assurances shall be made payable to the county or otherwise available to county upon any event, in county's sole discretion, where county must incur costs for inspection, abatement, and destruction of non-compliant industrial hemp crops.

5. Financial assurances shall no longer be required of an operation for cultivating industrial hemp and shall be released upon written confirmation by the county that the operations have ceased and such financial assurances are no longer needed. If an operation for cultivating industrial hemp is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the county until new financial assurances are secured from the new owner and have been approved by the director of resource management.

6. The decision to approve financial assurances, both with respect to the form and amount thereof, shall be made by the director of resource management. The decision of the director of resource management may be appealed to the board of supervisors within ten calendar days of the decision.

7. A person cultivating industrial hemp shall remain responsible for reimbursing the county for all costs for inspection, abatement and destruction of non-compliant hemp crops. The provision of financial assurances shall not relieve any person of such responsibility. Nothing in this paragraph shall limit the county's ability to utilize all available remedies to recover such costs.

G. Manufacturing Requirements. The following standards shall apply to the manufacturing of industrial hemp products.

1. The manufacturing of industrial hemp products is permitted in a fully enclosed building in the General Industrial (M) and Light Industrial (M-L) districts if a zoning permit is issued in accordance with the provisions of Section 17.92.060. Manufacturing of industrial hemp products is prohibited in all other districts and is prohibited outdoors in all districts.

2. A person manufacturing industrial hemp products shall design the structure(s) to be used for manufacturing in a manner that minimizes impacts, which may include, but are not limited to, odor and pollen drift, to surrounding areas.

3. Structures utilized for the manufacturing of industrial hemp products must comply with applicable building codes and be permitted by the resource management department as required by law.

4. Manufacture of industrial hemp products shall not be accomplished by use of volatile solvents.

H. Destruction of Non-Compliant Industrial Hemp Crops.

1. The County of Shasta Board of Supervisors ("board") adopts this section pursuant to its police power for the purpose of preserving the health, safety and public welfare of the residents of the county. The board finds that agriculture is extremely important to the county's economy and that insuring the continued agricultural commodities is essential to the health and well-being of county residents. The board determines that the enforcement of this section is essential.

2. Each and every violation of the provisions of this section is hereby deemed unlawful and a public nuisance.

3. It shall be the responsibility of the persons cultivating, processing, or manufacturing industrial hemp to ensure that they are, at all times, operating in a manner compliant with all applicable federal, state, and local laws, and/or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed by the county. Nothing in this chapter shall be construed as authorizing any actions that violate federal, state, or local law regarding the cultivating, processing or manufacturing of industrial hemp.

4. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies, penalties, and enforcement measures authorized by the county. The county may pursue any and all remedies and actions available under state and local laws for any violations committed by persons related to, or associated with, the unlawful cultivation, processing, or manufacturing of industrial hemp.

5. An industrial hemp crop that does not comply with the provisions of this section and all applicable provisions of federal and state law, and associated rules and regulations, shall be destroyed. Crop destruction shall proceed as provided for in all applicable laws and regulations, which includes Food and Agricultural Code Section 81006 and California Code of Regulations, Title 3, Sections 4950 and 4950.1. Any violations of this section are subject to abatement under the Shasta County Code. The person growing industrial hemp in violation of the law, shall submit a destruction plan to the agricultural commissioner at least twenty-four hours prior to the start of the destruction. The agricultural commissioner shall approve the method of destruction.

6. The remedies provided herein are not to be construed as exclusive remedies. The county is authorized to pursue any proceedings or remedies provided by law.

I. Fees.

1. The board of supervisors may establish reasonable fees, in an amount necessary to cover the actual costs of implementing, administering, and enforcing this section and the provisions of state law related to industrial hemp. Payment of such fees shall be a condition of issuance of any registration or permit provided for in this section.

2. The amount of the fees adopted pursuant to this section shall not exceed the amount reasonably required to inspect, administer or process the required permits, registrations, or other forms or documents, or to defray the costs of enforcement required to be carried out by the county. Such costs shall include, but not be limited to, charges for time and mileage. Such fees shall cover the reasonable costs associated with services that may include, but are not limited to, processing of registrations and permits, inspections, sampling and testing, and abatement/destruction. Such fees shall be in addition to any amounts covered by financial assurances set forth in subsection F of this section.

3. Failure to pay all fees shall be cause for revocation or non-renewal of a person's registration and/or permit until all outstanding fees are paid in full.

4. No new registrations or permits shall be issued without payment of fees that are due.

J. Misdemeanor Penalty. As authorized by Government Code Section 25132. and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.330 of the Shasta County Code shall be guilty of a misdemeanor.

K. Cost Recovery. The county shall be reimbursed for all time, services, and materials needed to implement, administer and enforce state law and this section.

L. Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided in this Code and by law. Nothing in this section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.

M. Limitation of County's Liability. To the fullest extent permitted by law, the County of Shasta shall not assume any liability whatsoever with respect to having registered or permitted any person pursuant to this section.

(Ord. No. 2020-02, § I, 5-19-2020)

A. Legislative Findings. The board of supervisors finds as follows:

1. California Government Code Section 65850 authorizes the county of Shasta to adopt ordinances that regulate the use of buildings, structures, and land and the intensity of land uses.

2. Pursuant to Article XI, Section 7, of the California Constitution, the county of Shasta may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and general welfare of its citizens.

3. The adverse impacts of large wind energy systems, particularly with respect to wildfire, aerial firefighting, aesthetics, biological resources, and historical, cultural, and tribal resources, are of significant concern to many residents of Shasta County as evidenced by the numerous public comments received between 2019 and 2021 regarding the proposed fountain wind project.

4. The vast majority of the unincorporated area of Shasta County is designated as being in the high and very high fire hazard severity zones as recommended by the California Department of Forestry and Fire Protection. Large wind energy systems are incompatible in the high and very high fire hazard severity zones.

5. In light of the foregoing concerns, the construction or operation of large wind energy systems will not have an overall net positive economic benefit to the county of Shasta. The foregoing concerns outweigh any potential economic benefits to the county that may be available from such large wind energy systems.

6. Regulations are needed to protect the public health, safety, and welfare of residents from the adverse impacts of large wind energy systems.

7. The board of supervisors enacts this section to prohibit large wind energy systems in furtherance of the public necessity, health, safety, convenience, and general welfare.

B. Definitions. The following definition governs this section:

"Large wind energy system" means a wind energy conversion system that is not defined as a small wind energy system pursuant to subsection 17.88.035(A) of this chapter.

C. Prohibition. Large wind energy systems are prohibited in all zone districts of the unincorporated area of the county of Shasta and no permit or approval of any type shall be issued therefor.

D. Applications for Large Wind Energy Systems Filed with the California Energy Commission.

1. In connection with applications for large wind energy systems submitted to the California Energy Commission for review and approval, pursuant to Chapter 6.2 of Division 15 of the Public Resources Code (Government Code Sections 25545 et seq), the county of Shasta makes the following findings:

a. As recognized by relevant legal authorities, the California Energy Commission is to give great weight to the comments, opinions, ordinances, and standards of local governments. The concerns of counties and cities are not to be ignored or to be given secondary consideration. As representatives of the people who live in the immediate area of large wind energy systems, county and city government officers are to be listened to and respected.

b. In accordance with Public Resources Code Sections 25525 and 25545.8, the California Energy Commission may not certify a facility contained in the application when it finds, pursuant to subdivision (d) of Public Resources Code Section 25523, that the facility does not conform with any applicable state, local, or regional standards, ordinances, or laws, unless the commission determines that the facility is required for public convenience and necessity and that there are not more prudent and feasible means of achieving public convenience and necessity. In making the determination, the commission shall consider the entire record of the proceeding, including, but not limited to, the impacts of the facility on the environment, consumer benefits, and electric system reliability. The commission may not make a finding in conflict with applicable federal law or regulation. The basis for these findings shall be reduced to writing and submitted as part of the record pursuant to Public Resources Section 25523.

c. The foregoing statutes reflect a legislative policy that local ordinances, laws and standards are to be given such weight as to prevent or substantially influence the construction of a proposed facility not in compliance therewith if there exists a more prudent and feasible means of achieving the public convenience and necessity than constructing the facility as proposed or on the site proposed.

d. Pursuant to Shasta County Code Section 17.88.335(C), large wind energy systems are prohibited in all zone districts of the unincorporated area of the county of Shasta and no permit or approval of any type shall be issued therefor. There are more prudent and feasible means of achieving any possible public convenience and necessity than constructing large wind energy systems in the unincorporated area of the county of Shasta.

e. Pursuant to Section 25545.9 of the Public Resources Code, the California Energy Commission shall not certify a site and related facility unless the commission finds that the construction or operation of the facility will have an overall net positive economic benefit to the county of Shasta. Pursuant to the findings in Shasta County Code Section 17.88.335(A), large wind energy systems will not have an overall net positive economic benefit to the county of Shasta.

f. Pursuant to Section 25545.10 of the Public Resources Code, the California Energy Commission shall not certify a site and related facility unless the commission finds that the applicant has entered into one or more legally binding and enforceable agreements with, or that benefit, a coalition of one or more community-based organizations, including local governmental entities. No county officer, agency, or department is authorized to agree to any such community benefit agreement for large wind energy systems without the prior approval of the board of supervisors.

2. For each application for a large wind energy system within the unincorporated area of Shasta County filed with the California Energy Commission for review and approval, pursuant to Chapter 6.2 of Division 15 of the Public Resources Code (Government Code Sections 25545 et seq), the director of resource management shall perform the following duties:

a. In consultation with all applicable Shasta County departments, Native American tribal governments, agencies, organizations, and groups, evaluate the economic impacts of the proposal and prepare and present a comment letter regarding the economic impacts of the proposal to the board of supervisors for their consideration.

b. When directed by the board of supervisors, submit a comment letter regarding the economic impacts of the proposal to the California Energy Commission and on such other impacts as may be directed by the board of supervisors.

c. In his/her capacity as the Shasta County Environmental Review Officer, review all environmental documents prepared for the proposal by the California Energy Commission in accordance with the California Environmental Quality Act and submit written comments to the commission when warranted and appropriate.

d. In accordance with Public Resources Code Section 25519, the director of resource management shall review the application and submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to highways, landscaping and grading, public use of lands in the area of the facility, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility. The director of resource management shall also provide the California Energy Commission copies of all relevant laws, ordinances, and regulations promulgated or administered by the county of Shasta.

e. The director of resource management shall also review the application and provide comments for conformance with the requirements of Public Resources Code Section 25527 and whether the proposed site will impact any of the following areas:

i. State, regional, county and city parks; wilderness, scenic or natural reserves; areas for wildlife protection, recreation, historic preservation; or natural preservation areas located in the county of Shasta.

ii. Estuaries in an essentially natural and undeveloped state located within the county of Shasta.

Pursuant to Public Resources Code Section 25527, in considering applications for certification, the California Energy Commission shall give the greatest consideration to the need for protecting areas of critical environmental concern, including, but not limited to, unique and irreplaceable scientific, scenic, and educational wildlife habitats; unique historical, archaeological, and cultural sites; lands of hazardous concern; and areas under consideration by the state or the United States for wilderness, or wildlife and game reserves.

f. In accordance with Public Resources Code Section 25538, the director of resource management shall request a fee from the California Energy Commission to reimburse the county of Shasta for the actual and added costs of the review by the county of Shasta and such other fees as may authorized under that statute and other applicable laws.

(Ord. No. 2022-04, § III, 7-12-2022; Ord. No. 2023-01, § I, 3-14-2023)