Chapter 17.236 — CANNABIS

Prior History: Former Ch. 17.240 Mini-Warehouses, compiled of RCC Ch. 17.240; Ord. 18 § 2, 2008; Ord. 69 §§ 12, 13, 2012; repealed by Ord. 247, 1/15/2025.

• A. The purpose of this chapter is to regulate cannabis business land uses, as permitted by the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Section 26200 of the California Business and Professions Code), in a manner designed to minimize negative impacts on the City and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the City.

• B. This chapter is further adopted and established pursuant to the specific authority granted to Wildomar in Section 7 of Article XI of the California Constitution and Section 26200 of the California Business and Professions Code. This chapter shall govern all cannabis businesses within the jurisdiction of Wildomar.

• (Ord. 247, 1/15/2025)

• A. In the event of any conflict between the provisions of this chapter and the provisions of Medicinal and Adult-Use Cannabis Regulation and Safety Act or any other applicable State or local law, the more restrictive provision shall control.

• B. Except as expressly stated herein, cannabis businesses must comply with all other City codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable state and local laws.

• (Ord. 247, 1/15/2025)

• A. No person may operate a cannabis business of any type in the City unless the following are complied with:

  1. The business is located in a zoning district where a cannabis businesses of that type are conditionally permitted, and a conditional use permit has been approved by the Planning Commission and City Council for the operation of a cannabis business of that type for the property; and

  2. The business owner has entered into a development agreement with the City approved by the Planning Commission and City Council for the operation of the cannabis business that is; and

  3. The business owner has valid state and local licenses to operate a cannabis business within the City.

• B. Chapter 17.200 of this Code shall govern and apply to conditional use permits for cannabis businesses applied for or obtained pursuant to this chapter unless this chapter expressly states otherwise. All requirements contained in this chapter shall be in addition to the applicable requirements of Chapter 17.200.

• C. Each cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq., with the City setting forth the terms and conditions under which the cannabis business will operate that are in addition to the requirements of this chapter and Chapter 5.76 , including, but not limited to, public outreach and education, community service, payment of fees and other charges, and such other terms and conditions that will protect and promote the public health, safety, and welfare. The execution and recordation of the development agreement shall be a condition of approval for the conditional use permit for the cannabis business. The Planning Commission shall make a recommendation to the City Council on whether to approve a development agreement submitted to it by City staff. The City Council shall make a final decision on whether to approve a development agreement recommended to the City Council by the Planning Commission.

• D. The Planning Director is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process for cannabis business conditional use permits and development agreements.

• (Ord. 247, 1/15/2025)

• A. All applications for a conditional use permit shall be filed with the Planning Director on the official form supplied by the City and shall be accompanied by the application fee established by resolution of the City Council, as may be amended from time to time.

• B. An application for a conditional use permit shall include, but shall not be limited to, the following information:

  1. Proof that the applicant has received a local license for the proposed premises, and the local license is in good standing, or a statement that the applicant is applying for a local license for the proposed premises concurrently with the conditional use permit application.

  2. Confirmation that the proposed premises is not currently permitted by the state or county for the production of non-cannabis infused food products.

  3. The address of the proposed cannabis business.

  4. A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signage, limited access areas, and restricted access areas, if included.

  5. Plans and specifications for the interior of the proposed premises if the building to be occupied is in existence at the time of the application. If the building is not in existence or alteration to the building is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the building to be constructed.

  6. The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application must be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business will be operated on his or her property.

  7. A description of the design of the proposed premises evidencing that the design conforms to applicable City laws.

  8. For a Cultivation Site or Manufacturing Site.

     • a. An environmental plan indicating how cultivation and/or manufacturing will be conducted in accordance with state and local laws related to hazardous material disposal, land conversion, grading, electricity usage, water usage, and agricultural discharges.

     • b. An emergency response plan which complies with Title 8 of this Code and California Fire Code Section 401 and sets out standard operating procedures to be followed by all individuals in case of a fire, chemical release, chemical spill, or other emergency.

     • c. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on site.

     • d. For a cultivation site, verification of all water sources used by the proposed premises and verification that the proposed premises does not utilize water that has been or is illegally diverted from any stream, creek, or river.

• e. For a manufacturing site, a report from a professional engineer that details the type of equipment that will be used to extract cannabinoids from cannabis. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or compressed carbon dioxide (CO2) are used for extraction, then the report must certify that only closed-loop extraction system(s), that are UL or ETL listed or have a sign off by a professional engineer, capable of recovering the solvent are utilized.

  - f. For a manufacturing site, a separate diagram of any room where extraction occurs that details the location of the extraction equipment, areas of ingress and egress, emergency eyewash station, any other fire suppression or emergency equipment
  

required by Title 8 of this Code, City and the California Building Codes, Fire Code, Electrical Code and all other applicable laws.

9. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.

10. Authorization for the Planning Director to seek verification of the information contained within the application.

11. Any such additional and further information as is deemed necessary by the Planning Director to administer this section or this chapter.

• C. The Planning Director and appropriate City staff shall review, verify and investigate all information on the application and prepare a report for the Planning Commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this chapter, Chapter 5.76 and Chapter 17.200.

• (Ord. 247, 1/15/2025)

• A. The Planning Commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing in accordance with Chapter 5.76 (Commercial Cannabis Licensing) of this Code.

• B. In addition to the findings set forth in Section 17.80.050 of this Code, a conditional use permit for a cannabis business shall only be granted subject to the following additional findings:

  1. The cannabis business as well as all operations as conducted therein, fully comply with all conditionally permitted, and all of the applicable locational restrictions in Section 17.240.070 are satisfied.

• C. The Planning Commission may deny an application for a conditional use permit if it determines that one or more of the findings required by Section 17.80.050 of this Code or subsection B of this section cannot be made.

• D. Based on the information set forth in the application and City staff's report and testimony presented at the public hearing, the Planning Commission may impose reasonable terms and conditions on the proposed cannabis business in addition to those specified in and required to be included in every conditional use permit granted under this chapter.

• (Ord. 247, 1/15/2025)

A conditional use permit for a cannabis business shall not be approved unless the proposed cannabis business will be located in a zoning district in which cannabis businesses of the type proposed are conditionally permitted. In addition, a conditional use permit shall not be approved for a cannabis business unless all of the following locational requirements applicable to the type of cannabis business proposed are satisfied:

• A. No cannabis business shall be located within 600 feet of a residential use or residential zone, public or private school providing instruction in kindergarten or grades 1 through 12, a day care center (excluding small and large family day cares), a park or a youth center.

• B. All distances specified in this section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the building or structure in which the cannabis business is, or will be located, to the nearest property line of the parcel where such use is located. If the cannabis business is, or will be located, in a multi-unit building, the distances shall be measured from the nearest point of the suite in which the cannabis business is or will be located.

• (Ord. 247, 1/15/2025; Ord. 252, 8/13/2025)

• A. All Cannabis Businesses. Every conditional use permit for a cannabis business shall be subject to the following conditions of approval.

  1. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-ofway, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:

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

     • b. An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.

  2. The applicant or its legal representative shall:

     • a. Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a conditional use permit or the operation of the cannabis business; reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or federal enforcement action) related to the City's approval of a conditional use.

     • b. Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to guidelines and policies set forth by the local licensing authority and name the City as an additionally insured on all City-required insurance policies.

  3. All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.

  4. All cannabis businesses shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.

  5. All cannabis businesses and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and incompliance with the businesses' state and local licenses.

  6. From a public right-of-way, there should be no exterior evidence of the cannabis business except for any permitted on-site signage.

  7. A development agreement for the cannabis business must be executed and recorded against the property.

8. Cannabis and cannabis products shall not be smoked, vaped, ingested, or otherwise consumed by any person on the premises of the cannabis business.

• B. Manufacturing Sites. Every conditional use permit for a manufacturing site shall include the following conditions of approval:

  1. All manufacturing of cannabis products shall occur in an enclosed locked structure.

  2. Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.

  3. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the fire department official.

  4. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Wildomar Municipal Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57.

  5. Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

     • a. A Group F-1 fire area exceeds 12,000 square feet.

     • b. A Group F-1 fire area is located more than three stories above grade plane.

     • c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.

• C. Cultivation Sites. Every conditional use permit for a cultivation site shall include the following conditions of approval:

  1. All cultivation of cannabis shall occur in an enclosed locked structure. Outdoor cultivation is prohibited.

  2. Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.

3. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Article 300.6(D) of the National Electric Code, City and the California Building Codes, Fire Code, Electrical Code and all other applicable laws.

   4. Cultivation Sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled per the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

      • a. A Group F-1 fire area exceeds 12,000 square feet.

      • b. A Group F-1 fire area is located more than three stories above grade plane.

      • c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.

• D. Cannabis Distribution Sites. Every conditional use permit for a cannabis distribution site shall include the following conditions of approval:

  1. Cannabis distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.

  2. The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.

• (Ord. 247, 1/15/2025; Ord. 252, 8/13/2025)

To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any conditional use permit pursuant to this chapter or the operation of any cannabis business approved for such permit pursuant to this chapter. (Ord. 247, 1/15/2025)

• A. Recordings made by security cameras at any cannabis business shall be made immediately available to the Planning Director upon verbal request for the purposes of determining compliance with this chapter and the cannabis business's conditional use permit.

• B. The Planning Director shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter and the cannabis business' conditional use permit. Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, state law, and other applicable laws and regulations.

• C. Applicants and permittees must cooperate with employees and investigators of the City who are conducting inspections or investigations relevant to the enforcement of this chapter. No applicant or permittee shall by any means interfere with, obstruct or impede any City official from exercising their duties under the provisions of this chapter and all rules promulgated pursuant to it.

• (Ord. 247, 1/15/2025)

The operation of a cannabis business in violation of any conditions of approval or the provisions of this chapter or Chapter 17.80 (Conditional Use Permits) is a violation of this Code, and a public nuisance. The City may seek to remedy such violations by any means provided for in law or equity, including, but not limited to, the enforcement mechanisms and remedies provided for in Chapter 1.16 (Code Violations) of this Code, or take action to revoke the conditional use permit pursuant to Section 17.125.150 of this Code.

(Ord. 247, 1/15/2025)