The provisions of this article shall apply to the uses and conditions hereinafter enumerated. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply.

Uses permitted subject to special temporary use permits are those temporary uses that are required for the proper functioning of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community.

(1992 zoning ord. (part))

(Ord. No. 1085, § 1, 4-7-09)

The provisions of this section shall be known as the temporary use regulations and shall provide regulations for the uses hereinafter enumerated. Where this section prescribes regulations more restrictive than the zone in which a use or conditional use is permitted, the provisions of this section shall apply. Temporary uses are subject to approval by the development services director, except as noted in Section 17.11.110.

A.

Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five calendar days of operation in any calendar year. Requests exceeding these time limitations will require the submittal and approval of a conditional use permit. Approval of such events shall require planning commission action.

B.

Christmas tree sales lots and Halloween pumpkin sales subject to not more than forty calendar days of site occupation and operation in any calendar year.

C.

Subdivision sales offices and model home complexes located within the subdivision, subject to the following minimum requirements:

1.

Offices shall be no closer than one vacant lot to an existing dwelling unit not part of the subdivision, trailers may be used for no more than ninety calendar days or until such time as the subdivision sales offices have been completed whichever is less;

2.

An A.C. paved parking lot shall be provided with sufficient parking spaces to accommodate said use;

3.

Offices shall be allowed for a maximum of two years or until ninety percent of the homes within the subdivision are sold whichever is less. Annual review for compliance with conditions of approval may be required;

4.

Faithful performance bonding in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities shall be required; and

5.

Other conditions that the director of planning deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood.

D.

Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than eight calendar days of display in any calendar year.

E.

Outdoor art and craft shows and exhibits, subject to not more than three calendar days of operation or exhibition in any sixty-calendar-day period.

F.

Contractors' offices and storage yards on the site of an active construction project.

G.

Mobilehome residences for security purposes on the site of an active construction project.

H.

Temporary outdoor display and sales of merchandise to the public in connection with an established business in the city and on the same property thereof or in a farmer's market/bazaar approved by the city located within commercially zoned properties not to exceed more than five calendar days in any sixty calendar days, unless approved by the city council for additional days, and subject to appropriate conditions of the development services department.

I.

Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods of less than ninety days, if said products are raised on the premises.

J.

Temporary use of properly designed mobile trailer units for classrooms, offices, bands, etc. for periods not to exceed ninety days subject to planning department approval. Requests for such uses of more than ninety days in duration shall require the approval of a conditional use permit by the planning commission. Such units shall meet all necessary requirements of building, fire, and health codes.

K.

For any agricultural or animal husbandry activity or project (4-H, FFA, or similar) conducted for educational purposes or school credits, a permit may be granted in any district when the planning director determines that such use will not cause a public nuisance relative to sanitation and health conditions.

L.

Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses within the C-H or C-N zones or other public or semi-public property on a temporary basis when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner.

M.

Additional uses determined to be similar to the foregoing in the manner prescribed by Chapter 17.01 of the zoning code.

(1992 zoning ord. (part))

(Ord. No. 1085, § 2, 4-7-09)

A.

All temporary uses shall be subject to the issuance of a temporary use permit by the planning director and other necessary permits and licenses, including, but not limited to, building permits, sign permits, and solicitors or vending licenses.

B.

In the issuance of such a permit, the planning director shall indicate the permitted hours of operation and any other conditions, such as walls or fences and lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety, and welfare.

C.

Prior to the issuance of a permit for a temporary use, except those listed under C, F, G, K and L of Section 17.11.120, a cash deposit may be required to be deposited with the city. This cash deposit shall be used to defray the costs of clean-up of the property by the city in the event the permittee fails to do same.

(1992 zoning ord. (part))

Upon written application, the planning director may extend the time within which temporary uses may be operated, or may modify the limitations under which such uses may be conducted if the planning director determines that such extension or modification is in accord with the purposes of the zoning regulation.

(1992 zoning ord. (part))

Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used only in accord with the provisions of the zoning regulations.

(1992 zoning ord. (part))

The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application prescribed in this section. An applicant may apply for a permit fee waiver by submitting an application to the city manager as provided in Section 2.02.270.

(1992 zoning ord. (part))

(Ord. No. 1208, § 5, 2-5-20)

A.

Home occupations may be permitted only when in compliance with the conditions listed herein. A permit must be issued by the planning director prior to operation of such use. The fee shall be in accordance with those adopted by city council resolution.

1.

There shall be no stock in trade or exterior storage of materials in the conduct of a home occupation, unless the planning and building services director approves the request of stock in trade or exterior storage of materials.

2.

A home occupation shall be conducted entirely within a dwelling, if in an attached or a detached garage shall not impede the use of said garage for vehicle storage. If a resident would like to conduct the home occupation within the attached or detached garage, the resident will have to obtain approval from the planning and building services director and comply with any conditions of approval imposed on the proposed home occupation.

3.

No exterior alterations of the dwellings shall be made which would change the residential character of the home to accommodate the home occupation. If the resident wishes to alter the home to accommodate ADA (American Disability Act) and CA Building Code requirements, the applicant will need to obtain approval for the proposed home occupation use and obtain all the proper local, state, and federal permits as well for said home occupation.

4.

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

5.

Only the residents of the dwelling unit may be engaged in the home occupation. If the resident would like to employee individuals that do not reside within the dwelling unit, they will need to obtain approval by the planning and building services director and will be subject to conditions of approval for said business operation.

6.

There shall be no sale of goods on the premises. If the resident would like to conduct onsite sales of goods on the premise, the resident must obtain the proper approval and permits from the planning and building services director. The sale of goods on the premise will be subject to hours of operation that will be formulated, imposed and approved by the planning and building services director.

7.

The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.

8.

Business signs to identify the home occupation must be reviewed and approved by the planning and building services director. No more than two signs will be permitted per home occupation. The design, color schemes, and location of home occupation signs are subject to review and approval by the planning and building services director. Resident will need to obtain all local, state, and federal permits related to any structure or use tied to the home business operation.

9.

The required residential off-street parking shall be maintained.

10.

A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.

11.

No vehicles or trailers (including pick-up trucks and vans) or construction or other equipment, except those normally incidental to residential use, shall be kept on the site.

12.

Home occupation uses are subject to review and approval by the planning and building services director.

13.

If a proposed home occupation use is not specifically listed, an applicant may request an interpretation from the planning and building director or designee as to whether or not such use is a permitted use;

In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the planning and building director or designee shall examine the characteristics of the home occupation and use and shall make a determination as to what zone(s) the home occupation and use may be allowed as a primary permitted use or a conditional use permit based on the following criteria:

The requested use is substantially similar to the listed uses permitted in the district in which the request is being sought, as opposed to its similarity to the listed uses permitted in other districts based on the following criteria:

a.

The activities involved in or equipment or materials employed in the use;

b.

The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, impacts on public services and facilities, and aesthetic appearance;

c.

The use has a high degree of potential to be consistent, compatible, and homogenous with listed uses;

d.

The use is consistent with the stated purpose of the applicable district or districts;

e.

The use is compatible with the applicable goals and policies of the comprehensive plan.

f.

Unlisted developments and uses for which the planning and building director or designee has made an administrative interpretation as to appropriate zone and type similarity shall be considered to constitute an official interpretation and shall subsequently be applied and used for future administration in reviewing other proposals. The planning and building director or designee shall report such decisions to the planning commission when it appears desirable and necessary to amend this code.

(1992 zoning ord. (part))

(Ord. No. 1221, § 1, 12-15-21)

The following regulations are established for the keeping of large animals in residential zones pursuant to Section 17.03.110(B)(5).

A.

All lots shall have a minimum of ten thousand square feet for the keeping of large animals.

B.

The following acreages and numbers of animals are the maximum allowable.

C.

No such animal shall be kept closer than one hundred feet to an adjoining dwelling on an adjacent lot.

D.

Keeping of such animal shall not be permitted in the required front, side and street side yard setback.

E.

All animals shall be provided with adequate fence enclosure and water to contain them within the boundaries of the owner's property.

F.

All excrement produced by said large animals shall be disposed on a regular basis so as to control flies and odor.

(1992 zoning ord. (part))

The following regulations are established for the keeping of small animals such as rabbits, poultry, pigs, goats, miniature horses, and the like pursuant to Section 17.03.110(B)(6).

A.

The following minimum square footages and maximum number of small animals except for rabbits and poultry are allowable:

B.

The following minimum square footages and maximum number of rabbits are allowable:

C.

The following minimum square footages and maximum number of poultry are allowable:

D.

No small animal shall be kept closer than thirty-five feet to an adjoining dwelling.

E.

Keeping of small animals shall not be permitted in the required front, side, and street side yard setbacks. On lots thirty thousand square feet or greater, said animals may be kept within the required front yard setback area.

The director of planning may approve the keeping of said animals within the required front yard setback area on lots between twenty thousand square feet and thirty thousand square feet when the requestor obtains the written permission of the adjoining property owner.

F.

All small animals shall be provided with adequate enclosures, to contain them within the boundaries of the owner's property.

G.

All excrement produced by said small animals shall be dispersed on a regular basis so as to control flies and odor.

(1992 zoning ord. (part))

The following regulations are established for operation and maintenance of commercial and noncommercial kennels in the residential zones pursuant to Section 17.03.110(B)(9) and (10) and the industrial zones pursuant to Section 17.07.120(C)(8).

(1992 zoning ord. (part))

Animal runs shall meet the following minimums:

A.

Minimum sizes:

3′-0″ × 5′-0″ for small size animals

3′-0″ × 9′-0″ for medium size animals

9′-0″ × 9′-0″ for large size animals

B.

Animal runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.

C.

All animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.

D.

All animals shall be provided with adequate enclosures to provide protection from inclement weather.

E.

All animal runs shall be provided with drains sufficient to control drainage and daily washing of the runs.

F.

All animal runs shall be washed down daily to control odor, flies and the breeding of ticks, fleas, bacteria and other similar items.

(1992 zoning ord. (part))

All kennels shall be served by sewer and/or all excrement produced by said kenneled animals shall be dispersed on a regular basis so as to control flies and odor, or stored in an enclosed container and dispersed on a regular basis.

(1992 zoning ord. (part))

All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located.

(1992 zoning ord. (part))

No animal runs, exercise areas or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within the required front, street side or side yards of the zone in which the site is located.

(1992 zoning ord. (part))

In order to minimize adverse effects that arcades and electronic games may have on the neighborhood or area in which it is located the following regulations are established.

(1992 zoning ord. (part))

Arcades may be permitted only in C-H and C-N zones subject to a conditional use permit and to the conditions listed in this section:

A.

No arcade shall be permitted within five hundred feet of the nearest point on a lot upon which is located religious and/or educational institution, a public park or recreation facility.

B.

Adult supervision (eighteen years or older) shall be provided on the premises during all hours of operation and shall be stationed so as to have direct visibility over all machines.

C.

There shall be no more than one arcade per shopping center and no arcades shall be closer than two hundred feet to another arcade.

D.

All arcades shall not open before 9:00 a.m. and shall close by 2:00 a.m.

E.

A minimum of one bicycle parking stall per video game machine shall be provided within twenty-five feet of the arcade in a safe, convenient location with bicycle racks to accommodate said bikes.

F.

A minimum of two toilets and one wash basin shall be provided for each gender.

G.

No electronic video or electrical coin operated game in a commercial business establishment shall be operated within the city by a person seventeen years old or younger during normal public school hours, or after curfew.

H.

All alcoholic beverage sale and/or consumption on-site is prohibited.

I.

All gambling on-site is prohibited.

J.

All conditions herein must be guaranteed to be met in addition to obtaining a license to operate. The operation of four or less machines shall be permitted in all C zones provided their operation is ancillary to the use of the building and said use does not materially alter the principal use of such a building. The operation of four or less machines where they are the principal use may be approved by the planning director where, in the director's judgement, the location does not constitute a traffic or safety hazard to the public or abrogate the intent of the zone or the regulations contained in this section.

(1992 zoning ord. (part))

In order to minimize the adverse visual and aesthetic effects that the erection of a satellite dish antenna may have on the neighborhood or area in which it is located, the following regulations are established.

(1992 zoning ord. (part))

Satellite dish antennas may be installed, erected and maintained within all zones of the city only in accordance with the following provisions:

A.

"Satellite dish antenna" or "dish antenna," as used in this section, means any system of wires, cables, amplifiers, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any building.

B.

The height of a dish antenna shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the point of mounting if roof-mounted.

C.

All dish antennas shall be treated as accessory structures and shall meet the height and setback requirements of the respective zone.

D.

Installation of some dish antennas will require a building permit for the foundation, and an electrical permit for any power-driven dishes.

E.

Development review shall be required for all dish antennas in excess of six feet in diameter and/or height.

F.

All dish antennas located in residential zones shall be ground-mounted regardless of height and diameter and shall be screened from the view of adjacent or across-the-street properties by the use of an architectural feature, fencing and/or landscaping.

G.

In commercial and manufacturing zones, dish antennas may be roof-mounted or ground-mounted. In either case, all dish antennas located within those zones, regardless of their height and diameter, shall be screened from on-site parking areas, adjacent public streets, and adjacent residentially zoned property. Roof-mounted dish antennas shall be screened architecturally, while ground-mounted dish antennas shall be screened architecturally or with landscaping.

(1992 zoning ord. (part))

In order to minimize the adverse effects that the operation of an adult business may have on the neighborhood or area in which it is located, the following regulations are established.

(1992 zoning ord. (part))

Adult businesses may be permitted only in the C-H zone, subject to the conditions listed herein:

A.

No such business shall be located within five hundred feet of the nearest point of a lot on which is located a religious and/or educational institution, a public park or recreation facility.

B.

No such business shall be located within five hundred feet of any lot on which another adult business is located.

C.

No such business shall be located within two hundred feet of any lot within any residential zone.

D.

No such business shall operate between the hours of 2:00 a.m. and 9:00 a.m.

(1992 zoning ord. (part))

For the purpose of this article, the following nonexclusive list of activities as defined in Section 17.01.900 of the zoning code of the city of Calexico shall be deemed adult businesses:

A.

Adult arcade;

B.

Adult bookstore;

C.

Adult cabaret;

D.

Adult drive-in theater;

E.

Adult mini-motion picture theater;

F.

Adult model studio;

G.

Adult motel;

H.

Adult motion picture theater;

I.

Adult theater;

J.

Body painting studio;

K.

Massage parlor;

L.

Sexual encounter establishment;

M.

Any other business which involves specified sexual activities or display of specified anatomical areas.

(1992 zoning ord. (part))

In order to minimize adverse effects that outdoor display of merchandise may have on the neighborhood or area in which it is located, the following prohibitions and exceptions are established.

(Ord. No. 1085, § 3, 4-7-09)

The outdoor storage and outdoor display of merchandise for sale is prohibited in all zoning districts in the city except for:

A.

Approved vehicle and trailer sales or rental;

B.

Heavy equipment and heavy machinery sales and rental;

C.

Newspaper stands or vending machines;

D.

Displays specifically permitted by state law or other sections of this chapter;

E.

Flowers, nursery plants and cut flowers when displayed in a manner and location approved by the development services department or at a certified farmers' market or legal swap meet;

F.

Lumber and building material yards with a conditional use permit;

G.

Tire sales facilities may display one tire rack within ten feet of the building, provided the rack is stored inside the building when the business is closed;

H.

Temporary outdoor display permitted under Section 17.11.120 of this code, including:

1.

Christmas trees and Halloween pumpkins;

2.

Outdoor art and craft show sales;

3.

Seasonal retail sale of agricultural products if said products are raised on the premises;

4.

Garage sales;

5.

Temporary display and sale in connection with an established business;

6.

Temporary display and sale in connection with permitted charitable solicitations as set out in Chapter 5.88 of this code.

(Ord. No. 1085, § 3, 4-7-09)

The outdoor display of merchandise is prohibited in the following areas in all zones within the city, unless approved by the development services director pursuant to the uses codified in subsections A through H of Section 17.11.920 of this code and/or Section 17.11.120:

A.

Areas set aside, required, designated or marked for vehicular parking, drive isles, driveways and emergency alleys;

B.

Public sidewalks, streets, landscaped areas, parkways, public parks, or any place open to the public generally;

C.

Designated or required landscape areas on private property; or

D.

Private sidewalks, if such display either creates a safety hazard or blocks the reasonable flow of pedestrian traffic or handicapped access.

(Ord. No. 1085, § 3, 4-7-09)

The violation of this article is a misdemeanor as set out in Section 1.24 of this code.

(Ord. No. 1085, § 3, 4-7-09)

It is the purpose and intent of this chapter to regulate the commercial cultivation, manufacturing, testing, distribution, and retail sale and delivery of cannabis (including cannabis products, cannabis concentrate, and edible cannabis products) in accordance with State law in order to promote the health, safety, morals, and general welfare of the residents and businesses within the city. The city is authorized to regulate this activity pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA").

Nothing in this chapter shall be construed to:

A.

Allow persons to engage in conduct that endangers others or causes a public nuisance; or

B.

Allow any activity relating to the cultivation, manufacturing, testing, distribution, transportation, or use of cannabis that is otherwise illegal under California state law; or

C.

Interfere with the use and possession of cannabis as authorized under MAUCRSA.

(Ord. No. 1191, § 2, 12-19-2018)

For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not explicitly defined in this chapter, the common and ordinary meaning of the word shall apply.

"Applicant" means an owner applying for a conditional use permit, desiring to enter into a development agreement, or applying for any other applicable entitlement under this chapter.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus,Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. For purposes of this chapter, "cannabis" does not include industrial hemp.

"Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

"Cannabis overlay zone" means the approximately 354.02 acres within the area bounded by railroad tracks on the west; the Adler Canal on the north; West Van de Graff Avenue and Scaroni Avenue on the east; and Weakley Street and Camacho Road on the south. The "cannabis overlay zone" also means 120 W. Cole Boulevard, Calexico, CA 92231 Accessors Parcel Number: 058-020-019-000. The cannabis overlay zone includes industrial (IND), industrial rail served (IR) and commercial.

"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. When the term "cannabis" is used in this chapter, it shall include "cannabis products."

"City manager" means the city manager of the city of Calexico or designee.

"Commercial cannabis activity" includes the cultivation, manufacture, laboratory testing, distribution, delivery, and retail sale (including possession, processing, storing, and labeling incidental to each activity, as applicable) of cannabis, and cannabis products.

"Conditional use permit" or "CUP" means a conditional use permit issued under this chapter.

"Cultivate" or "cultivation" means any commercial activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. A cannabis nursery is considered a "cultivation" use.

"Customer" means a natural person twenty-one years of age or older or a natural person eighteen years of age or older who possesses a physician's recommendation, or a primary caregiver.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer.

"Developer" means a person who has a fully negotiated and executed development agreement with the city under this chapter. A "developer" includes all representatives, agents, parent entities, or subsidiary entities of the developer.

"Development agreement" means an agreement entered into between the city and an applicant under this chapter pursuant to Section 65865 of the California Government Code.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities permitted or licensed under this chapter, another local California jurisdiction, and state law.

"Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 of the California Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. When the term "cannabis" is used in this chapter, it shall include "edible cannabis products."

"Indoor" means within a fully enclosed and secure building.

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Sections 66410 et seq. of the California Government Code).

"Manufacture" means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product.

"Manufacturer" means a permittee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

"Microbusiness" means a commercial business that engages in at least three of the following commercial cannabis activities: cultivation of cannabis on an area less than ten thousand square feet, Level 1 manufacturing, distribution, and retail sale under this chapter, provided such permittee can demonstrate compliance with all requirements imposed by this chapter and state law on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the permittee engages in such activities.

"Non-storefront retailer" means a cannabis retailer that provides cannabis exclusively through delivery.

"Nursery" means a permittee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

"Operation" means any act for which a permit is required under the provisions of this chapter, or any commercial transfer of cannabis or cannabis products.

"Owner" means any of the following:

(1)

A person with an aggregate ownership interest of twenty percent (20%) or more in the applicant, unless the interest is solely a security, lien, or encumbrance;

(2)

The chief executive officer of an entity or nonprofit;

(3)

All members of the board of directors of a nonprofit;

(4)

An individual entitled to a share of at least twenty percent of the profits of the commercial cannabis business;

(5)

The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust; or

(6)

An individual that will be participating in the direction, control, or management of the permitted commercial cannabis activity.

"Permittee" means the individual or applicant to whom a conditional use permit has been issued under this chapter. A permittee includes all representatives, agents, parent entities, or subsidiary entities of the permittee.

"Person" includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

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

"Purchaser" means the customer who is engaged in a transaction with a permittee for purposes of obtaining cannabis or cannabis products.

"Retailer" means a permittee that sells and/or delivers cannabis or cannabis products to customers.

"Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee to the permittee from whom the cannabis or cannabis product was purchased.

"Sensitive receptors" include an institution of learning for persons under twenty-one years of age, whether public or private, offering regular course of instruction including, without limitation, a kindergarten, elementary school, middle or junior high school, or senior high school; any licensed child care center, daycare center, or any preschool; and parks and playgrounds.

"Shared-use facility" means a premises registered by a primary manufacturing permittee at which multiple cannabis manufacturers may operate at separate times.

"Testing" means subjecting cannabis to laboratory testing for active compounds and purity prior to distribution for consumption.

"Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

(1)

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.

(2)

Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs.

Words and phrases not specifically defined in this code shall have the meaning ascribed to them as defined in the following sources:

A.

The Compassionate Use Act of 1996 ("CUA");

B.

The Medical Marijuana Program ("MMP"); and

C.

The Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA").

(Ord. No. 1191, § 2, 12-19-18; Ord. No. 1205, § 2, 11-20-19; Ord. No. 1210, § 2, 2-19-20)

A.

Commercial cannabis cultivation, manufacturing (including shared-use facilities), laboratory testing, distribution, retailers, non-storefront retailers, and microbusinesses may be located in the cannabis overlay district, upon either issuance of a CUP or full execution of a development agreement approved by city council and issuance of a regulatory permit, or as otherwise permitted in this code. Testing laboratories may be located in CO - Commercial Office, CH - Commercial Highway, CS - Commercial Specialty, BP - Industrial Business Park, I - Industrial, IR - Industrial Rail Served, and IL - Industrial Light Zones upon either issuance of a CUP or full execution of a development agreement approved by city council and issuance of a regulatory permit, or as otherwise permitted in this code.

B.

Commercial cannabis cultivation or manufacturing facilities shall be limited to no more than seventy-five percent of the acreage of a legal parcel in the cannabis overlay zone.

C.

Each commercial cannabis cultivation facility shall be at least five thousand square feet in size, except for microbusinesses, and nurseries, which may be less than five thousand square feet in size.

D.

Commercial cannabis activity shall be located a minimum distance of six hundred feet away from any sensitive receptor. The distance shall be measured at the nearest point between any part of the building containing the cannabis use and any lot line of the sensitive receptor. This six hundred-foot distance limitation shall not apply to cannabis testing laboratories.

E.

Cannabis cultivation, manufacturing, and laboratory testing may only occur indoors. Commercial cannabis activity shall not result in the creation of any odors detectable from anywhere off the property boundaries. The use of carbon filtration systems and other mitigation measures shall be used on all commercial cannabis activities that cause such odors. Commercial cannabis activity permittees or developers shall not allow cannabis to be visible from the public right-of-way or the unsecured areas surrounding the commercial cannabis activity's site.

F.

No commercial cannabis activity shall operate unless it is in possession of all applicable state and local licenses or permits, except as otherwise permitted by state and/or local law. Every commercial cannabis activity shall submit to the city manager a copy of any and all of its state and local licenses and permits required for its operation. If any other applicable state or local license or permit for a commercial cannabis activity is denied, suspended, modified, revoked, or expired, the permittee shall notify the city manager in writing within ten calendar days.

G.

Except as required in this chapter, CUPs shall be reviewed, issued, denied, suspended, revoked, and/or renewed in accordance with Chapter 17.01, Article V, Conditional Use Permit Regulations. If any provision of this chapter conflicts with any provision of Title 17, Chapter 17.01, Article V, the provision in this chapter shall control.

(Ord. No. 1191, § 2, 12-19-2018; Ord. No. 1200, § 4, 5-15-19)

The city may authorize up to ten applicants to operate the following type of facility: laboratory testing.

The city may authorize up to twenty applicants to operate the following type of facility: cultivation. Of these twenty applicants, up to ten applicants may be authorized to operate a small scale cultivation facility, which means a permittee whose gross receipts do not exceed $500,000.00 annually, and up to ten applicants may be authorized to operate an industrial scale cultivation facility, which means a permittee whose gross receipts exceed $500,000.00 annually.

The city may authorize up to twenty applicants to operate the following type of facility: distribution. Of these twenty applicants, up to ten applicants may be authorized to operate a small scale distribution facility, which means a permittee whose gross receipts do not exceed $500,000.00 annually, and up to ten applicants may be authorized to operate an industrial scale distribution facility, which means a permittee whose gross receipts exceed $500,000.00 annually.

The city may authorize up to twenty applicants to operate primary manufacturing facilities. Of these twenty applicants, up to ten applicants may be authorized to operate a small scale primary manufacturing facility, which means a permittee whose gross receipts do not exceed $500,000.00 annually, and up to ten applicants may be authorized to operate an industrial scale primary manufacturing facility, which means a permittee whose gross receipts exceed $500,000.00 annually. A primary manufacturing facility is any manufacturing facility or any shared-use facility operated for manufacturing. A person permitted to operate a shared use facility shall be known as a primary shared use manufacturing permittee or primary permittee. A person permitted to operate within a shared use facility shall be known as a secondary shared-use manufacturing permittee or secondary permittee. The city may authorize up to thirty secondary permittees to operate within a shared-use facility within the city. Of these thirty secondary permittees, fifteen will be reserved for a small scale primary manufacturing facility and fifteen will be reserved for an industrial scale primary manufacturing facility.

In addition, the city may authorize up to twelve retailer, non-storefront retailer, or microbusiness applicants to operate within the city.

Prior to initiating operations and as a continuing requisite to operating a commercial cannabis activity, the applicant shall obtain a validly issued CUP or enter into a fully executed development agreement agreed to by the city council. Each applicant may only apply for and operate up to two commercial cannabis activity facilities in the city, unless said applicant is operating a microbusiness. Each CUP or development agreement will include a condition or provision that the applicant shall also obtain and maintain a commercial cannabis activity regulatory permit required by this code.

(Ord. No. 1191, § 2, 12-19-2018; Ord. No. 1199, § 2, 5-1-19; Ord. No. 1202, § 2, 7-17-19; Ord. No. 1206, § 2, 11-20-19)

At the time an applicant submits an application under this chapter, the applicant shall also supply an application fee in an amount to be determined by resolution by the city council, an executed reimbursement agreement on a form provided by the city to fully reimburse the city for all fiscal impacts, costs, expenses, and fees, including but not limited to attorney fees and consultant fees, incurred by the city related to the commercial cannabis activity, and a deposit in an amount as provided for in the reimbursement agreement terms.

(Ord. No. 1191, § 2, 12-19-2018)

A commercial cannabis activity shall not transfer cannabis or cannabis products to or from another commercial cannabis activity, unless both activities are in possession of all required state and local licenses and permits.

(Ord. No. 1191, § 2, 12-19-2018)

CUPs may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a cannabis business CUP shall be unlawful and void, and shall automatically revoke the permit.

(Ord. No. 1191, § 2, 12-19-2018)

Any commercial cannabis activity that does not have both a CUP or development agreement and a regulatory permit required under this code is expressly prohibited in all city zones and is hereby declared a public nuisance that may be abated by the city and is subject to all available legal remedies, including, but not limited to civil injunctions.

(Ord. No. 1191, § 2, 12-19-2018)

A.

In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties.

B.

Violations of this chapter constitute an infraction or misdemeanor and may be enforced by any applicable law.

C.

Violations of this chapter are hereby declared to be public nuisances.

D.

Each person is guilty of a separate offense each day a violation is allowed to continue and every violation of this chapter shall constitute a separate offense and shall be subject to all remedies.

E.

All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof.

(Ord. No. 1191, § 2, 12-19-2018)

A.

The purpose of this section is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems, in accordance with California Civil Code Section 714 and California Government Code Section 65850.5.

B.

It is also the purpose of this section to promote and encourage the use of small residential rooftop solar energy systems and to limit obstacles to their use, in accordance with the standards adopted by the city pursuant to this section and state law, while allowing the city to protect the public health and safety.

C.

It is hereby declared that in any instance where the provisions of this section conflict with any applicable state law or regulation, such state law or regulation shall govern.

(Ord. No. 1163, § 6, 9-16-15)

The following definitions shall govern the meaning of words and phrases used herein:

A.

"Checklist of requirements for small residential rooftop solar energy systems" or "checklist" means the rules, regulations, guidelines, and checklist adopted by resolution of the city council that sets forth implementing and additional requirements for small residential rooftop solar energy systems consistent with Section 65850.5 of the Government Code.

B.

"Director" means the director of the city's planning department or his or her designee.

C.

"Electronic submittal" shall have the same meaning as the term is defined in subsection (j)(2) of Section 65850.5 of the Government Code, as amended from time to time or replaced by a successor statute.

D.

"Small residential rooftop solar energy system" shall have the same meaning as the term is defined in subsection (j)(3) of Section 65850.5 of the Government Code, as amended from time to time or replaced by a successor statute.

E.

"Solar energy system" shall have the same meaning as the term is defined in subsection (j)(4) of Section 65850.5 of the Government Code, as amended from time to time or replaced by a successor statute.

F.

"Specific, adverse impact" shall have the same meaning as the term is defined in subsection (j)(5) of Section 65850.5 of the Government Code, as amended from time to time or replaced by a successor statute.

(Ord. No. 1163, § 6, 9-16-15)

This section applies to the permitting of all small residential rooftop solar energy systems, as defined herein, in the city. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this section are not subject to the requirements stated herein, unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 1163, § 6, 9-16-15)

In addition to the checklist of requirements for small residential rooftop solar energy systems, the following standards shall apply to each small residential rooftop solar energy system:

A.

Systems shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.

B.

Systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

C.

The director may from time to time revise the checklist of requirements for small residential rooftop solar energy systems as long as any revisions are consistent with the most recently adopted resolution of the city council adopting the checklist, and are consistent with Section 65850.5 of the Government Code.

D.

The checklist of requirements for small residential rooftop solar energy systems shall be made available to the public during regular business hours at the office of the city clerk and by posting the checklist on the city's web site.

(Ord. No. 1163, § 6, 9-16-15)

All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the city's website. The applicant may submit the permit application and associated documentation to the city's planning department in person or by electronic submittal, together with any required permit processing and inspection fees. For electronic submittal, the city shall accept an electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant to the extent permitted by law and to the extent such electronic submittal complies with the requirements set forth in this section and the checklist of requirements for small residential rooftop solar energy systems.

(Ord. No. 1163, § 6, 9-16-15)

Review of the application to install a small residential rooftop solar energy system shall be limited to an expedited administrative, nondiscretionary review by the planning department of whether the application meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the small residential rooftop solar energy system will not have a specific, adverse impact upon the public health or safety. If the building official makes a finding based on substantial evidence, that a small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety, the city may require the applicant to apply for a conditional use permit or other applicable license or permit in accordance with the in accordance with the procedure and standards set forth in Section 65650.5 of the Government Code.

(Ord. No. 1163, § 6, 9-16-15)

A.

An application that satisfies the requirements of this section and the checklist of requirements for small residential rooftop solar energy systems shall be deemed complete upon confirmation by the director that the application and supporting documents are complete and meet the requirements of this section and the checklist. Upon the director's determination that an application is complete, the city's planning department shall approve the application and, in conjunction with any other city departments, issue all required permits or authorizations. Upon receipt of an incomplete application, the director shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

B.

If the city denies an application for a use permit to install a small residential rooftop solar energy system, the city shall make written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

C.

The decision of the director pursuant to subsections A and B may be appealed to the planning commission and the decision of the planning commission may be appealed to the city council in accordance with this code.

(Ord. No. 1163, § 6, 9-16-15)

For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be performed if the city does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however the subsequent inspection need not conform to the requirements of this section.

(Ord. No. 1163, § 6, 9-16-15)

The city shall not condition approval for any small residential rooftop solar energy system permit on the approval of the system by an association, as that term is defined in Section 4080 of the Civil Code.

(Ord. No. 1163, § 6, 9-16-15)