Covina City Zoning Code
CHAPTER 17
84 CANNABIS PROHIBITIONS AND REGULATIONS
§ 17.84.010 Purpose.
It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") to accommodate the needs of medically ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same. It is also the purpose and intent of this chapter to provide access to adult-use cannabis for persons aged 21 and over as authorized by the MAUCRSA, while imposing sensible regulations on the use of land to protect the city's residents, neighborhoods, and businesses from disproportionately negative impacts. It is the purpose and intent of this chapter to regulate cannabis microbusinesses in a responsible manner to protect the health, safety, and welfare of the residents of the city and to enforce rules and regulations consistent with state law.
(Ord. 23-01 § 6, 2023; Ord. 17-09 § 4, 2017)
§ 17.84.020 Definitions.
For purposes of this chapter, the following definitions shall apply. All definitions pertaining to cannabis regulation that appear in Business and Professions Code Section 26001, as codified by the MAUCRSA, are hereby incorporated by reference. Any California code sections set forth below shall include any amendments that are made to those sections.
means a person or entity that submits an application for a conditional use permit under this chapter.
has the same meaning as in Section 26001 of the Business and Professions Code. "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. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
means a cannabis microbusiness.
means a permit issued by the city, pursuant to Chapter 5.80 CMC, to a cannabis business that must be obtained before any commercial cannabis activity may be conducted in the city.
has the same meaning as in Section 26001 of the Business and Professions Code. "Cannabis microbusiness" means a commercial cannabis business comprised of at least three out of the following four uses on the same premises: (1) a cannabis retailer, (2) a manufacturer, (3) a cultivation site with canopy space of less than 10,000 square feet, and (4) a cannabis distributor. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses.
has the same meaning as in Section 11018.1 of the Health and Safety Code. "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.
has the same meaning as in Section 26001 of the California Business and Professions Code and shall mean any establishment which engages in the retail sale of cannabis for medical or adult-use purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
means all areas occupied by any portion of a cannabis plant whether contiguous or noncontiguous on any one site. When cannabis plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants) each plane shall be counted towards the total canopy space.
has the same meaning as in Section 26001 of the Business and Professions Code. "Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.
means a permit issued pursuant to Chapter 17.62 CMC.
has the same meaning as in Section 26001 of the Business and Professions Code. "Cultivation" means any activity involving the planting, growing, harvesting, or trimming of cannabis.
means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
has the same meaning as in Section 26001 of the Business and Professions Code. "Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, and child care centers licensed pursuant to Section 1596.951 of the Health and Safety Code.
has the same meaning as in Section 26001 of the Business and Professions Code. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer.
means the director of community development.
has the same meaning as in Section 26001 of the Business and Professions Code. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.
has the same meaning as in Section 26001 of the Business and Professions Code. "Distributor" means a cannabis business that is authorized to engage in the distribution of cannabis and cannabis products.
means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must have valid electrical, plumbing, and building permits, if required by other provisions of this code.
means the commercial cultivation of cannabis by a cannabis business that occurs within a completely enclosed building that is not a greenhouse or other similar agricultural structure.
means within a fully enclosed and secure structure. The term "indoors" shall only apply to the cultivation of cannabis for personal use.
has the same meaning as in Section 26001 of the Business and Professions Code. "Licensee" also means any person holding a license to engage in commercial cannabis activity issued by the Department of Cannabis Control.
has the same meaning as in Section 26001 of the Business and Professions Code. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
is the area of the cannabis business site where cannabis or cannabis products are manufactured.
has the same meaning as in Section 26001 of the Business and Professions Code. "Manufacturer" means a licensee 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.
means a cannabis business that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
means the cultivation of cannabis by a cannabis business that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes "mixed-light cultivation" and "outdoor cultivation."
means any location that is not within a fully enclosed and secure structure.
means any of the following: a person with an aggregate ownership interest of 20 percent or more in the cannabis business, unless the interest is solely a security, lien or encumbrance; or an individual who manages, directs, or controls the operations of the commercial cannabis business, including but not limited to:
A member of the board of directors of a nonprofit.
A general partner of a commercial cannabis business that is organized as a partnership.
A nonmember manager or manager of a commercial cannabis business that is organized as a limited liability company.
The trustee(s) and all persons who have control of the trust and/or the commercial cannabis business that is held in trust.
An individual with the authority to provide strategic direction and oversight for the overall operations of the commercial cannabis business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
An individual with the authority to execute contracts on behalf of the commercial cannabis business.
When an entity is an owner in a commercial cannabis business, all entities and individuals with a financial interest in the entity shall be disclosed to the city and may be considered owners of the commercial cannabis business. For example, this includes all entities in a multi-layer business structure, as well as the chief executive officer, members of the board of directors, partners, trustees and all persons who have control of a trust and managing members or nonmember managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain.
shall mean any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
means to have, own, control, or possess.
means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully permitted to be used as a residence.
is all cultivation areas, manufacture areas and storage areas, and includes areas where cannabis or cannabis products are loaded onto vehicles or other conveyances for delivery or transportation.
means any license required by the state of California for the operation of a cannabis business, including but not limited to licenses issued under Division 10 of the Business and Professions Code.
is any area where cannabis or cannabis products are stored.
means any:
Public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
Private youth membership organizations or clubs;
Social service teenage club facilities;
Video arcades where 10 or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business; or
Similar amusement park facilities; and
Must be used for youth activities at least 60 percent of the time in a calendar year.
It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county, or state parks.
This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. Notwithstanding the foregoing, any pizza parlor with a video arcade where 10 or more video games operated shall be considered a "youth center."
(Ord. 23-01 § 6, 2023; Ord. 17-09 § 4, 2017)
§ 17.84.030 Conditionally permitted uses and prohibitions.
A.
Except as expressly authorized pursuant to this title, all commercial cannabis activity is prohibited in the city.
B.
Cannabis businesses shall only be permitted in the following zones:
1.
Cannabis retailers (delivery only and/or storefront sales) shall be permitted only in the C-3 commercial zone (central business), C-3A commercial zone (regional or community shopping center), C-4 commercial zone (highway) and C-5 commercial zone (specified highway).
2.
Cannabis microbusinesses shall be permitted only in the light manufacturing zone.
C.
The outdoor cultivation of cannabis by any person is prohibited within the city limits.
(Ord. 23-01 § 6, 2023; Ord. 17-09 § 4, 2017)
§ 17.84.040 Permits and approvals required.
B.
Cannabis Business Permit. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city shall obtain a cannabis business permit pursuant to Chapter 5.80 CMC.
C.
Business License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city shall obtain a business license.
D.
State License. Every person who proposes to establish, maintain, operate, or conduct a cannabis business in the city and every property for which a cannabis business is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted.
E.
Development Agreement. Before commencing any commercial cannabis activity and as a condition of issuance of a conditional use permit, an applicant shall enter into a development agreement with the city setting forth the terms and conditions under which the cannabis business will operate that is in addition to the requirements of this chapter. These conditions shall include, but not be limited to, public outreach and education, payment of community benefit fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation), provisions for termination of the agreement or invalidation or revocation of the conditional use permit, indemnification of the city and all officials and employees thereof from actions by third parties, including but not limited to, enforcement of conflicts between state and federal law, or actions challenging the issuance of a permit to the cannabis business, and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the city.
F.
Operation and Management Plan. Before commencing any commercial cannabis activity, the cannabis business shall submit an operation and management plan to the director for approval by the director and chief of police. The operation and management plan shall, at minimum, address the following: the security measures that will be implemented to protect the customers and employees as well as the general community; water preservation; financial record keeping; procedures for safely and securely storing and transporting cannabis and cannabis products; inventory control; accounting measures; identify any hazardous materials that may be used by the business and how they will be stored and disposed of; how currency will be stored and taken off site; any other information requested by the director and chief of police.
G.
Duty to Maintain Copies of All Permits, Licenses, Permits and Conditions of Approval. A copy of all conditional use permits, cannabis business permits, business license, state license or other permit or license required by the city, county, or state for the establishment or operation of a cannabis business shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by city, county or state representatives or law enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative, shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.
(Ord. 23-01 § 6, 2023)
§ 17.84.050 Compliance with state and local laws and regulations.
It is the responsibility of the owners and/or operators of any cannabis business within the city to ensure that they operate in a manner compliant with this chapter, all applicable state and local law, and any other regulations promulgated thereunder, including but not limited to the MAUCRSA.
(Ord. 23-01 § 6, 2023; Ord. 17-09 § 4, 2017)
§ 17.84.060 Procedures and findings for approval of conditional use permit.
A.
A conditional use permit shall be processed in accordance with the procedures set forth in Chapter 17.62 CMC, Conditional Use Permits, with the following exceptions:
1.
Any provision that requires the approval by the planning commission with appeal to the city council shall be replaced with the requirement that the planning commission make a recommendation on the conditional use permit and that the approval of such permit shall be made by the city council.
2.
Any procedures pertaining to noticing and the setting of a public hearing before the planning commission shall also apply to the city council.
B.
An applicant for a conditional use permit shall comply with the California Environmental Quality Act ("CEQA"). No conditional use permit shall be granted to a cannabis business until the requisite CEQA review has been conducted.
(Ord. 23-01 § 6, 2023)
§ 17.84.070 Development standards.
All cannabis businesses shall comply with the following requirements, and the following applicable requirements of this section shall be deemed conditions of all conditional use permit approvals. Failure to comply with applicable requirements contained in this code shall be grounds for revocation of any permit issued in compliance with this code.
A.
Underlying Zone Standards. The establishment of a cannabis business shall comply with all applicable city zoning site development standards of the zone in which the cannabis business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the city, except as explicitly modified by this chapter. Nonconforming uses or properties must be brought into conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.
B.
Maximum Number. A maximum of one cannabis business shall operate in the city for every 15,000 residents, with any fraction of that ratio being rounded down to the nearest whole number.
C.
Proximity to Sensitive Uses. No cannabis business shall be established or located within 600 feet of a school providing instruction in kindergarten or any grades one through 12, day care center, youth center, or park. The distance between any cannabis business and any school, day care center, youth center, or parks shall be measured in a straight line, without regard to the boundaries of the city and intervening structures, from the nearest property line of the site containing the cannabis business to the nearest property line of the school, day care center, youth center, and park.
D.
Cannabis Microbusiness. A cannabis microbusiness shall comply with the development standards for each component of the business. For example, if a cannabis microbusiness is comprised of a cultivation site, distributor and cannabis retailer, then it shall comply with the development standards for each of those uses. In the event of any conflict between the standards, the director shall determine which standards apply.
E.
Cultivation.
1.
Outdoor commercial cultivation is prohibited.
2.
Indoor commercial cultivation shall not exceed 10,000 square feet of cultivation area.
3.
The cultivation area shall comply with licensing requirements established by the California Department of Cannabis Control.
4.
Secure Area. The secure area shall be fully enclosed within a minimum six-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right-of-way by the building or solid masonry wall no less than six feet.
5.
Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage.
6.
The cultivation of cannabis shall at all times be operated with all applicable state and local laws and shall be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cultivation site, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated; to protect the environment from harm; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
7.
The operations and management plan identified in CMC § 17.84.040(F) shall include a cultivation plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel; and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting. The operations and management plan shall also include a description of a legal water source, irrigation plan, and projected water use and identify the source of electrical power and plan for compliance with applicable building codes and related codes. The operations and management plan shall also address public nuisances that may derive from the cultivation site.
F.
Manufacturing.
1.
The manufacture of cannabis products shall be undertaken in a manner that ensures the health, safety, and welfare of the public, the employees of the cannabis business, visitors, and neighboring properties, and must be in full compliance with state law.
2.
It is unlawful for any person under the age of 21 to be present within the area where the manufacture of cannabis products is occurring.
3.
It is unlawful for any person to employ another person under the age of 21 at a cannabis manufacturing facility.
4.
Entrances into any area where cannabis products are made, stored, or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the operations plan.
5.
It is unlawful for the manufacturing site to be open to the public.
G.
Distribution.
1.
Transportation safety standards, in addition to those imposed by the state of California, shall be approved by the chief of police including, without limitation, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualification for persons eligible to operate such vehicles.
2.
A list of the make, model and license plate of all vehicles used for distribution shall be registered with the police department before a vehicle may be used to transport cannabis and cannabis products.
H.
Cannabis Retailers.
1.
Cannabis retailers may operate as a delivery only model, storefront sales only, or both storefront sales and delivery.
2.
No cannabis retailer that sells cannabis or cannabis products for adult use shall be open to the public between the hours of 9:00 p.m. and 9:00 a.m. Consistent with state law, the city shall not restrict the hours of operation of a cannabis retailer that sells cannabis or cannabis products for medicinal use.
3.
Cannabis retailers shall verify the age and all necessary documentation of each individual to ensure the customer is not under the age of 18 years. If the customer is 18 to 20 years old, a cannabis retailer shall confirm the customer's possession of a valid doctor's recommendation and/or Health and Safety Code Section 11362.71 identification card (medical marijuana card). For adult-use purchases, cannabis retailers shall verify that all customers are 21 years of age or older for the purchase of cannabis or cannabis products.
4.
Individuals must show their government-issued identification in order to gain access into the cannabis retailer. The government-issued identification and, if applicable, doctor's recommendation or medical marijuana card must also be shown at the point-of-sale station at the time of purchase. Doctor recommendations shall not be obtained or provided at the retail location. A cannabis retailer shall only sell adult-use cannabis and adult-use cannabis products to individuals who are at least 21 years of age. A retailer shall only sell medicinal cannabis or medicinal cannabis products to individuals who are at least 18 years of age, but not yet 21, if those individuals are in possession of a valid physician's recommendation.
5.
Cannabis retailers may have only that quantity of cannabis and cannabis products to meet the daily demand readily available for sale on site in the retail sales area of the retailer. Additional product may be stored in a secured, locked area to which customers, vendors, and visitors shall not have access.
6.
All restroom facilities shall remain locked and under the control of management.
7.
The cannabis retailer shall notify patrons of the following through posting of a sign in a conspicuous location:
a.
Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
b.
Loitering on and around the cannabis business is prohibited by California Penal Code Section 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the cannabis retail site or on the property or in the parking lot.
c.
A warning that patrons may be subject to prosecution under federal cannabis laws.
d.
That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.
8.
Cannabis retailers shall only serve customers who are within the permitted premises, or at a delivery address that meets the following requirements:
a.
The sale and delivery of cannabis goods shall not occur through a pass-through window or a slide-out tray to the exterior of the premises.
b.
Cannabis retailers shall not operate as or with a drive-in or drive-through at which cannabis goods are sold to persons within a motor vehicle.
c.
No cannabis goods shall be sold and/or delivered by any means or method to any person within a motor vehicle.
d.
All cannabis goods sold by a retail business shall be contained in child-resistant packaging.
9.
Cannabis retailers shall record point-of-sale areas and areas where cannabis goods are displayed for sale on the video surveillance system. At each point-of-sale location, camera placement must allow for the recording of the purchase and sale of cannabis goods, or any person in the retail area, with sufficient clarity to determine identity.
10.
Limited Access Areas. A cannabis retailer shall establish limited-access areas and permit only authorized individuals to enter the limited-access areas. Authorized individuals include individuals employed by the cannabis retailer as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited access area. All individuals granted access to the limited access area shall be at least 21 years of age, and if not employed by the cannabis retailer, shall be escorted at all times by an employee of the permittee. A cannabis retailer shall maintain a log of all individuals who are not employees who are granted access to the limited access area. These logs shall be made available to the city manager, police chief, or their designees upon request.
11.
Delivery. Prior to commencing delivery operations, a cannabis retailer shall provide the following information to the city:
a.
Proof of ownership of the vehicle or a valid lease for any and all vehicles that will be used to deliver cannabis or cannabis products.
b.
The year, make, model, color, license plate number, and numerical vehicle identification number (VIN) for any and all vehicles that will be used to deliver cannabis goods.
c.
Proof of insurance for any and all vehicles being used to deliver cannabis goods.
d.
The cannabis business shall provide the city with the information required by this section in writing for any new vehicle that will be used to deliver cannabis or cannabis goods prior to using the vehicle to deliver cannabis or cannabis goods. The cannabis business shall provide the city with any changes to the information required by this section in writing within 30 calendar days.
(Ord. 23-01 § 6, 2023)
§ 17.84.080 Security.
A.
A cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis business. The specific security measures shall be identified in the operations plan. Except as may otherwise be determined by the city manager and/or chief of police, these security measures shall include, but shall not be limited to, all of the following:
1.
Perimeter fencing and exterior lighting systems (including motion sensors) for after-hours security as approved by the police chief and/or the community development director where applicable.
2.
Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business. In cases in which the individual will not voluntarily leave the premises, the cannabis employee shall contact the police department.
3.
Establishing limited access areas accessible only to authorized cannabis business personnel.
4.
All finished cannabis goods at non-retail cannabis businesses shall be stored in a secured and locked vault or vault-equivalent during non-operating hours. All safes and vaults used to store cash and/or cannabis goods shall be burglary-resistant and fire-resistant. All cannabis and cannabis products, including live clone plants that are being sold, shall be kept in a manner as to prevent diversion, theft, and loss.
5.
Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services.
6.
Panic buttons shall be installed in all cannabis businesses with direct notification to the police department dispatch and shall be configured to immediately alert dispatch for the police department.
7.
A professionally installed, maintained, and monitored real-time alarm system shall be installed by a security company licensed by the State of California Bureau of Security and Investigative Services. The cannabis business shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.
8.
A cannabis business shall only use commercial-grade, nonresidential door locks.
9.
Any security measures, such as bars, installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building.
10.
Security personnel shall be on site during regular business hours and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the police chief, with such approval not to be unreasonably withheld.
11.
Cannabis businesses shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
12.
Entrance areas are to be locked at all times and under the control of a designated responsible party that is either: (a) an employee of the cannabis business; or (b) a licensed security professional.
13.
Each cannabis business shall have an accounting software system in place to provide point-of-sale data as well as audit trails of both product and cash, where applicable.
14.
Each cannabis business shall demonstrate to the police chief, city manager or their designees compliance with the state's track and trace system for cannabis and cannabis products.
15.
Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
16.
Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards.
17.
Installation of "mosquitos" (high-pitch frequency devices) as a deterrent to vandalism/loitering.
B.
Video Surveillance. The cannabis business shall install 24-hour security video surveillance cameras of at least high-definition (HD) quality with a night vision capability, and must record in color. The video surveillance system shall meet the following requirements and shall be included in the operations plan:
1.
All entrances and exits to and from the cannabis business must be monitored by the video surveillance system. All entrances and exits to the cannabis business shall be recorded from both indoor and outdoor vantage points.
2.
All interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur must also be monitored by the video surveillance system.
3.
All exterior cameras shall be in weather-proof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions.
4.
Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means.
5.
The video security system must be compatible with software and hardware utilized by the city as determined by the police chief and set forth in the operations and management plan.
6.
Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 90 days. The video surveillance system specifications must be set forth in the operations plan before the city issues a certificate of occupancy for the facility.
7.
All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the cannabis business of any prolonged surveillance interruption and/or the complete failure of the surveillance system.
8.
A cannabis business is responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored area. All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.
9.
Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities at the cannabis business.
10.
The video surveillance system shall be capable of recording all predetermined surveillance areas in any lighting conditions. If the cannabis business has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.
11.
Areas in which cannabis is grown, cured, manufactured, or stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
12.
Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.
13.
At least one camera must be dedicated to record the access points to the secured surveillance recording area.
C.
Each cannabis business shall identify a designated security representative/liaison who shall be reasonably available to meet with the city manager and/or chief of police regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current operations and management plan, that shall include a security plan, on the premises of the business, to present to the city manager and/or chief of police upon request that meets the following requirements:
1.
Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees.
2.
Identifies all managers of the cannabis business and their contact phone numbers.
3.
Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager's office.
4.
Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company.
5.
Identifies a sufficient number of licensed, interior, and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, any adjacent property under the cannabis business's control, and ensure that the parking lot is cleared of employees and their vehicles one-half hour after closing.
D.
The cannabis business shall cooperate with the city whenever the city manager and/or chief of police makes a request, with or without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter.
E.
A cannabis business shall notify the city manager within 24 hours after discovering any of the following:
1.
Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the city manager.
2.
Diversion, theft, loss, or any criminal activity involving the cannabis business or any agent or employee of the cannabis business.
3.
The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the cannabis business.
4.
Any other breach of security.
F.
Compliance with the foregoing requirements shall be verified by the city manager and/or chief of police prior to commencing business operations. The city manager and/or chief of police may supplement these security requirements once operations begin.
(Ord. 23-01 § 6, 2023)
§ 17.84.090 Additional performance standards.
A.
Restriction on Alcohol and Tobacco Sales or Consumption. A cannabis business shall not allow the sale, dispensing, or consumption of alcoholic beverages, tobacco, or hookah on the premises of the cannabis business.
B.
Restriction on Cannabis Consumption. A cannabis business shall not allow the consumption of cannabis, cannabis products, or hookah on the premises of the cannabis business.
C.
Graphics. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the cannabis business, or on any of the vehicles owned or used as part of the cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time.
D.
Reporting and Tracking of Product and of Gross Sales. Each cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the city. The cannabis business shall ensure that such information is compatible with the city's recordkeeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the city manager prior to being used by the permittee.
E.
All cannabis and cannabis products sold, distributed, or manufactured shall be cultivated, manufactured, and transported by state licensed facilities that maintain operations in full conformance with the state and local regulations.
F.
Emergency Contact. Each cannabis business shall provide the city manager with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day.
G.
Signage and Notices.
1.
In addition to the requirements otherwise set forth in this section, business identification signage for a cannabis business shall conform to the requirements of this title, sign regulations of the city, including, but not limited to, seeking the issuance of a city sign permit.
2.
No signs placed on the premises of a cannabis business shall obstruct any entrance or exit to the building or any window.
3.
Each entrance to a cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the cannabis business is prohibited.
4.
Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the cannabis business or elsewhere including, but not limited to, the public right-of-way.
5.
Signage shall not depict any image of cannabis or cannabis products. No banners, flags, snipe signs, billboards, or other prohibited signs may be used at any time.
H.
Manufacturing, Storage and Distribution Areas. All manufacturing, storage and distribution shall be within a fully enclosed building or accessory structure, except that outdoor loading docks may be used for loading for distribution provided the loading docks are fully screened from public view by a building or solid masonry wall as provided above.
I.
Cleanliness. All exterior areas of any cannabis business, including the building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris. The cannabis business shall comply with Chapter 9.65 CMC regarding graffiti removal and prevention.
J.
Lighting. A cannabis business shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding, and secure the necessary approvals and permits as needed. For a standalone cannabis business, the cannabis business shall ensure that minimum lighting levels in exterior building and parking lot areas are adequate for the safe operation of vehicles and other modes of travel. The cannabis business shall submit an exterior lighting plan that includes a photometric survey of proposed light standards, heights, fixtures, light sources, spacing and shielding.
L.
Odor Control. A cannabis business shall comply with the applicable standards of CMC § 9.42.020. Odor control devices and techniques shall be incorporated in all cannabis businesses to ensure that odors from cannabis are not detectable off site. Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside of the cannabis business, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis business. Failure to control odors from being detectable from outside the cannabis business shall constitute a public nuisance and shall be grounds for suspension or revocation of the conditional use permit. As such, cannabis businesses must install and maintain the following equipment, or any other equipment which the director or his/her designee(s) determine is a more effective method or technology:
1.
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
2.
An air system that creates negative air pressure between the cannabis business's interior and exterior, so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.
M.
Minors.
1.
Persons under the age of 21 years shall not be allowed on the premises of a cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this chapter for any person to employ any person at a cannabis business who is not at least 21 years of age.
2.
The entrance to the cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the cannabis business.
3.
Notwithstanding the above, persons aged 18 to 20 years shall be allowed on the premises of a cannabis business if they can produce a physician's recommendation. In that event, such persons can lawfully purchase cannabis for the sole purpose of addressing the medical need that is the subject of the physician's recommendation.
N.
Signage. From a public right-of-way, there should be no exterior evidence of the manufacturing or cultivation of cannabis or cannabis products except for any signage authorized by this code.
O.
Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated cannabis business permit.
P.
Cannabis Waste. All waste and disposal containers shall be stored in a secure area, and under the control of the cannabis business's staff.
Q.
Windows. All windows of the cannabis business shall be secured and all cannabis securely stored.
R.
Compliance With Other Laws. A cannabis business, and all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.
S.
Copies of State Permits. The applicant shall provide the city with copies of all applications, plans and security plans submitted to the state for a state license.
T.
Parking. On-site parking shall be provided as follows:
1.
Cannabis Retailers. One parking spot for each 200 square feet of gross floor area plus one parking spot for each employee, unless otherwise determined by the director pursuant to a traffic and parking study.
2.
Cannabis Microbusiness. One parking spot for each employee on the maximum working shift, or not less than one parking spot for each 500 square feet of gross floor area, whichever amount is greater, unless otherwise determined by the director pursuant to a traffic and parking study.
3.
If the director determines that a traffic and parking study is warranted, such study shall be at the applicant's expense and review may be made by filing a separate application and making payment of established fees. A determination of the number of parking spaces that must be provided by the cannabis business may include, but shall not be limited to the following considerations: A traffic/parking study supports the finding that the number of parking spaces actually needed for the development is less or greater than that required by the code; traffic and pedestrian safety will not be affected by the modification of parking requirements; and that any reduced parking will not impact the health, safety and welfare of the public. The determination may also be conditioned to ensure compliance with the findings and the intent of this chapter and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on site.
(Ord. 23-01 § 6, 2023)
§ 17.84.100 Promulgation of regulations, standards and other legal duties.
A.
In addition to any regulations adopted by the city council, the city manager is authorized to establish any additional rules, regulations and standards governing the issuance, denial or renewal of cannabis business permits, the ongoing operation of cannabis businesses and the city's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter.
B.
Regulations shall be published on the city's website.
C.
Regulations promulgated by the city manager shall become effective upon date of publication. Cannabis businesses shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the city manager.
(Ord. 23-01 § 6, 2023)
§ 17.84.110 Limitations on city's liability.
A.
To the fullest extent permitted by law, the city does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any cannabis business approved under to this chapter.
B.
As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following:
1.
Execute an agreement indemnifying the city from any claims, damages, injuries, or liabilities of any kind associated with the operation of the cannabis business, issuance of a permit to a cannabis business, or the prosecution of the cannabis business or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws;
2.
Maintain insurance in the amounts and of the types that are acceptable to the city council or designee; and
3.
Reimburse the city for all costs and expenses, including but not limited to legal fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city's approval of the conditional use permit or cannabis business permit or related to the city's approval of a cannabis activity. The city, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any of the obligations imposed hereunder.
(Ord. 23-01 § 6, 2023)
§ 17.84.120 Indoor cultivation for personal use.
A.
The indoor cultivation of seven or more cannabis plants in a private residence is prohibited.
B.
The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law, and subject to the following standards:
1.
The maximum number of cannabis plants that may be cultivated per private residence is limited to six, regardless of the number of persons that reside in the private residence. Only one person may register for each private residence, and a person may not register at more than one private residence in the city.
2.
The cultivation shall only occur either inside of a private residence, or inside of a fully enclosed and secure structure located upon the grounds of a private residence.
3.
Cultivation lighting shall not exceed 600 watts. The cultivation shall not draw more power than the structure and electrical service is designed to handle and shall not constitute a fire hazard.
4.
The use of compressed gases, including but not limited to carbon dioxide and butane, for cultivation or processing is prohibited.
5.
The property shall remain at all times a private residence with a legal and functioning kitchen, bathrooms and bedrooms for their intended use and such cultivation shall not prevent the property's primary use as a residential use. The cultivation activities shall be conducted in a manner that maintains a clear and unobstructed path to outdoor window(s) and interior door(s) at all times.
6.
If cultivation occurs in a garage, it shall be conducted in a manner that does not reduce required off-street parking.
7.
The cultivation area shall include an adequate ventilation and filtration system to ensure that odors from cultivation are not detectable beyond the subject property, and shall be designed to prevent mold and moisture in order to protect the health and safety of persons inhabiting the residence.
8.
Any chemicals used for cultivation shall be properly and safely stored outside the habitable area of the residence.
9.
The cultivation shall not use more water than is reasonably required to cultivate the maximum number of permitted cannabis plants.
10.
The cultivation area shall comply with all applicable provisions of the building and fire codes.
11.
The cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
12.
The maximum plant height of any indoor cultivated cannabis plant shall not exceed six feet, as measured from the base of the floor to the highest point of the cannabis plant(s).
13.
The fully enclosed structure where the cannabis cultivation is occurring must have valid building, electrical, and plumbing permits, if applicable.
14.
Any cannabis cultivation that does not meet the requirements set forth in this section is prohibited, is unlawful and constitutes a public nuisance.
(Ord. 23-01 § 6, 2023; Formerly 17.84.050)
§ 17.84.130 Exceptions.
A.
To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:
1.
Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;
2.
Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis;
3.
Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code Section 11362.3;
4.
Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years of age or older without compensation whatsoever; or
5.
Engaging in the indoor cultivation of six or less live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2, and to the extent that such cultivation complies with CMC § 17.84.120.
B.
This chapter shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
C.
This chapter shall also not prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to the MAUCRSA.
(Ord. 23-01 § 6, 2023; Ord. 17-09 § 4, 2017; Formerly 17.84.040)
§ 17.84.140 Violations and penalties.
In addition to any other enforcement permitted by Chapter 17.85 CMC, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 17.85 CMC, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 17.85 CMC and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. 23-01 § 6, 2023; Ord. 17-09 § 4, 2017; Formerly 17.84.070)
§ 17.84.150 Public nuisance prohibited.
It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, selling, or distributing cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces:
A.
Odors which are disturbing to people of reasonable sensitivity or present on adjacent or nearby property or areas open to the public.
B.
Repeated responses to the cannabis business by law enforcement personnel.
C.
A repeated disruption to the free passage of persons or vehicles in the neighborhood, or excessive noise, exceeding the noise levels set by Chapter 9.40 CMC, which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.
D.
Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the building, excessive vehicular traffic or parking occurring at or near the cannabis business, and excessive noise emanating from the cannabis business.
E.
Outdoor growing and cultivation of cannabis.
(Ord. 23-01 § 6, 2023)