Desert Hot Springs City Zoning Code
CHAPTER 17
180 MARIJUANA FACILITIES OPERATION AND LOCATION
§ 17.180.010 Purpose and intent.
The intent of this chapter is to regulate all marijuana facilities within the City for the purpose of protecting the public health, safety, and welfare, and additionally, to mitigate the cost and burden on the City stemming from local control, oversight, and regulation of marijuana facilities.
Nothing in this chapter shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution or consumption of marijuana that is otherwise illegal under California State law.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22)
§ 17.180.020 Interpretation and applicability.
Operation of marijuana facilities within the City shall be permitted upon the application and approval of both a City-issued Conditional Use Permit, or Administrative Use Permit, as applicable, pertaining to the location of the facility and a City-issued Regulatory Permit pertaining to the operation of the facility in accordance with the criteria and procedures set forth in this chapter and the City’s Municipal Code, upon application and subject to such additional regulations as may be promulgated pursuant to this chapter.
A.
The cultivation, manufacturing, testing, and distribution of marijuana in the City is controlled by the provisions of this chapter.
B.
Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law.
C.
Nothing in this chapter is intended to preclude or otherwise affect the rights of a lessor of real property or any interest therein to restrict, limit, or prohibit any or all marijuana activity by a lessee.
D.
Any marijuana facility that has: (1) submitted an application to the State licensing authority for a State license, once applications become available; or (2) is in good standing and compliance and/or has been in operation and good standing on or before January 1, 2018, may continue operations until its State license has been approved or denied by the State licensed agency.
E.
Nothing in this chapter is intended to authorize, legalize, or exempt any activity arising out of or conducted in furtherance of the operation of a marijuana facility from any law, rule, or regulation that may be applicable to such activity, including, but not limited to, rules and regulations pertaining to environmental, electrical, plumbing, building, construction, land use, labor or employment. Marijuana facility business entity organizational status, such as it being a corporation or limited liability company or otherwise, must be compliant with applicable State law.
F.
Nothing in this chapter is intended to authorize, legalize, or exempt any activity arising out of or conducted in furtherance of the operation of a marijuana facility from compliance with California law applicable to such activity.
G.
All marijuana facilities and any activity arising out of or conducted in furtherance of the operation of a marijuana facility shall be subject to the provisions of this chapter regardless of whether the marijuana facility or activity existed or occurred prior to adoption of this chapter or any subsequent amendments hereto. The City hereby expressly reserves the right to supplement, modify, amend, repeal, or otherwise alter this chapter, and such changes shall be immediately binding on all marijuana facilities operating within the City regardless of when such facility began to operate or when such changes were adopted. Any reference in this chapter to California statutes shall include any regulations promulgated thereunder, and is hereby deemed to include any successor or amended version of the referenced statute or regulation promulgated thereunder.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22)
§ 17.180.030 Definitions.
Words and phrases not specifically defined in this chapter shall have the meanings ascribed to them as follows.
When used in this chapter, the following words shall have the meanings ascribed to them in this section. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. Words and phrases not specifically defined in this chapter shall have the meanings ascribed to them by the following sources:
A.
The CUA of 1996 (California Health and Safety Code Section 11362.5), and as may be amended from time to time;
C. "Cannabis concentrate" "Cannabis consumption space facility" "Cannabis" or "marijuana" "Consuming" or "consumption" "Consumption area" "Cultivation" "Cultivator" "Delivery" "Distribution" "Legal parcel" "Light manufacturer" "Light manufacturing facility" "Manufacturer" "Marijuana cultivation facility" "Marijuana distribution facility" "Marijuana facility" "Marijuana hotel facility" "Marijuana manufacturing facility" "Marijuana testing facility" "Medicinal cannabis" or "medicinal cannabis product" "Non-storefront retail facility" "Off-site sales" "On-site sales" "Patron" "Storefront retail facility"
The MAUCRSA (Medicinal and Adult Use Cannabis Regulation and Safety Act), enacted on June 27, 2017, as may be amended from time to time.
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 chapter. 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 Health and Safety Code.
means a licensed cannabis retail premises where cannabis and cannabis products may be purchased (for on-site consumption) and consumed (smoked or ingested) by persons 21 years of age and over within the confines of the facility.
shall have the same meaning as provided in Health and Safety Code Section 11018, as amended (which code section used to define "marijuana"). The terms "cannabis" and "marijuana" shall be used interchangeably in this chapter.
means smoking, eating, drinking, chewing, applying topically, or otherwise ingesting.
means designated areas within a cannabis consumption space facility where patrons are allowed to consume cannabis and cannabis products.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
means the commercial transfer of cannabis or cannabis products from a State licensed distributor or retailer wherever located, to an adult 21 years of age or older, qualified patient, or primary caregiver located in the City of Desert Hot Springs, and shall include the use of any technology platform that enables adults 21 years of age or older, qualified patients, or primary caregivers located in Desert Hot Springs to arrange for or facilitate the commercial transfer of marijuana or marijuana products.
means the procurement, sale, or transport of cannabis or cannabis products either within the City limits, or to and from the City from a place outside the City limits, from a permitted business location of a licensed entity to a permitted business location of another licensed entity subject to State laws and regulations and subject to the provisions of this chapter and the City's Municipal Code.
means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels may at the option of the property owner be counted as a single parcel for purposes of this chapter.
means a person or entity that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
means a facility that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly not using any kind of extraction method whatsoever, but merely using chemical synthesis, such as baking or infusing at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
means a person or entity 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 facility wherein marijuana is propagated, planted, grown, harvested, dried, cured, graded, labeled, tagged for tracking, or trimmed, or wherein all or any combination of those activities takes place.
means any facility or location, the primary function of which is the procurement, sale, and/or transport of marijuana and/or marijuana products between entities operating in strict accordance with State law, as may be amended from time to time, and subject to the provisions of this chapter and the City's Municipal Code.
means collectively any marijuana storefront retail facility, non-storefront retail facility, marijuana cultivation facility, marijuana distribution facility, marijuana testing facility, marijuana hotel facility, or marijuana manufacturing facility, as those terms are defined in this chapter.
means a hotel, motel, or other transient lodging facility as defined by Chapter 3.20 of this code that possesses a permit issued pursuant to this chapter.
means a facility where the production of marijuana concentrate, and/or the preparation, propagation, or compounding of manufactured marijuana, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of marijuana or marijuana products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid marijuana manufacturing facility license, a Marijuana Regulatory Permit, and a Conditional Use Permit all issued in accordance with this chapter and the City's Municipal Code, and provided that the facility will qualify for a valid State license when the State of California begins issuing State licenses to marijuana manufacturers.
shall have the same definition as in the Business and Professions Code Section 26001, as may be amended, which currently 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, and regulated by Section 5700 et seq., as may be amended of Title 16 of the California Code of Regulations. Notwithstanding, a "marijuana testing facility" shall also mean any of the following: (1) a testing facility that is contracted with the State of California or any lawful department thereof, to provide testing or research and development on behalf of or to benefit the State; (2) a testing facility that is contracted with the United States of America, or any lawful department thereof to provide testing or research and development on behalf of or to benefit the United States.
means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5414 to 5427 et seq., in the California Code of Regulations, as may be amended. Currently, this is a delivery only retail facility which sells marijuana to a customer solely and exclusively by delivery.
means the sale of marijuana for consumption off the premises.
means the sale of marijuana for consumption on the premises.
means a registered guest of a hotel or motel or other transient lodging facility as defined by Chapter 3.20 of this code. Patrons shall not include any visitors or customers who do not register as guests.
shall have the same meaning as in Business and Professions Code Section 26070(a)(1), as may be amended, and further defined by Sections 5400 to 5413 et seq., in the California Code of Regulations, as may be amended. Currently, this is a retail facility which sells and/or delivers marijuana or marijuana products to customers. A storefront retail facility shall have a licensed premises which is a physical location from which commercial cannabis activities are conducted.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 710 5-19-20; Ord. 725 10-6-20; Ord. 727 1-19-21; Ord. 728 1-19-21; Ord. 747 2-2-22; Ord. 801, 5/7/2024)
§ 17.180.040 Marijuana storefront retail facilities.
A.
Permitted Locations. Marijuana storefront retail facilities shall only be located in any Commercial District (excluding Downtown Commercial Districts and Visitor-Serving Commercial Districts) in the City.
B.
Number of Plants. Storefront retail facilities shall not cultivate in more than 500 square feet of space for mature flowering cannabis plants on site at any one time.
C.
Conditional Use Permit/Regulatory Permit Required. Storefront retail facilities shall obtain both a City-issued Conditional Use Permit and Regulatory Permit.
D.
Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light manufacturing use to their current storefront retail facility and, also, become a light manufacturing facility.
E.
Approved storefront retail facilities operating with a City-approved Conditional Use Permit and in compliance with all local and State laws may, at their discretion, add a light distribution use to their current storefront retail facility. Any and all light distribution uses must comply with all of the following:
1.
Facility must have separate employee only loading door towards the rear of the building. Loading door shall not be located on the same building frontage as the public access door.
2.
A maximum number of one unmarked vehicle shall be used to distribute products.
3.
The vehicle mentioned above must have a designated and marked parking space, which space must be in close proximity to the required loading door.
4.
All State and local laws and regulations must be complied with at all times.
F.
Hours of Operation. All marijuana storefront retail facilities operating in any district may only operate between the hours of 6:00 a.m. and 10:00 p.m. and may operate up to seven days per week.
§ 17.180.045 Marijuana non-storefront retail facilities.
A.
Permitted Locations. Marijuana non-storefront retail facilities shall only be located in any Industrial District in the City.
B.
Number of Plants. Non-storefront retail facilities shall not cultivate more than 99 mature flowering marijuana plants on site at any one time.
C.
Conditional Use Permit/Regulatory Permit Required. Non-storefront retail facilities shall obtain both a City-issued Conditional Use Permit and Regulatory Permit, except as otherwise herein allowed in subsection D.
D.
Administrative Approval. A duly approved manufacturing facility and/or distribution facility, with a duly approved Conditional Use Permit and Regulatory Permit, and in good standing with the City, may request modification of the already approved Conditional Use Permit to operate a non-storefront retail facility provided the Director of Community Development, or designee, finds all of the following:
1.
There is a 10% or less than deviation to each of the following:
a.
On-site circulation and parking, loading and landscaping;
b.
Placement and/or height of walls and fences;
c.
Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
d.
The density or intensity of a development project;
e.
Paving; and
f.
Hours of operation.
2.
The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use is consistent with the goals, objectives, policies and programs of the General Plan.
3.
The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use complies with all applicable zoning and other regulations.
4.
The marijuana manufacturing and/or distribution facility and its non-storefront retail facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
5.
The location, design and operation of the marijuana manufacturing and/or distribution facility and its non-storefront retail facility use will be compatible with existing and planned land uses in the vicinity.
6.
Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.
Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana manufacturing and/or distribution facility applications under this section may be referred to the planning commission at the discretion of the Director.
E.
Non-storefront retail facilities shall not deliver to customers within the City limits.
F.
Non-storefront retail facilities may also manufacture and/or distribute marijuana, as so allowed with a Conditional Use Permit.
G.
Hours of Operation. All marijuana non-storefront retail facilities operating in any permissible district may only operate between the hours of 6:00 a.m. and 10:00 p.m. and may operate up to seven days per week.
(Ord. 683 3-19-19; Ord. 747 2-2-22; Ord. 775 3-21-23; Ord. 780 5-16-23)
§ 17.180.048 Cannabis consumption space facilities.
A.
Permitted Locations. Cannabis consumption space facilities shall only be located in any commercial district, any industrial district or the Mixed-Use Corridor District in the City.
B.
A cannabis consumption space facility must include a storefront retail use that complies with all terms and conditions in this chapter, including all State and local laws. The cannabis consumption space facility shall enjoy all uses as provided in Section 17.180.040.
C.
Conditional Use Permit/Regulatory Permit Required. Prior to beginning operations, cannabis consumption space facilities shall obtain both a City-issued Conditional Use Permit and a Regulatory Permit, except as otherwise herein allowed in subsection D.
D.
If or when State laws and/or regulations allow for more uses for on-site marijuana consumption venues (such as allowance of infused products, or alcohol sales on the same premises as marijuana sales), such allowed uses may be allowed as follows:
1.
Administrative Approval. A duly approved cannabis consumption space facility with a duly approved Conditional Use Permit and Regulatory Permit, and in good standing with the City, may request a modification of the already approved Conditional Use Permit to operate a cannabis consumption space facility provided the Director of Community Development, or designee, finds all of the following:
a.
There is a 10% or less than deviation to each of the following:
1.
On-site circulation and parking, loading and landscaping;
2.
Placement and/or height of walls and fences;
3.
Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
4.
The density or intensity of a development project;
5.
Paving; and
6.
Hours of operation.
b.
The cannabis consumption space facility use is consistent with the goals, objectives, policies and programs of the General Plan.
c.
The cannabis consumption space facility use complies with applicable zoning and other regulations.
d.
The cannabis consumption space facility use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
e.
The location, design and operation of the cannabis consumption space facility use will be compatible with existing and planned land uses in the vicinity.
f.
Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act ("CEQA"), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.
Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section.
E.
Hours of Operation. Cannabis consumption space facilities operating in any permissible district may operate the consumption space between the hours of 6:00 a.m. and 2:00 a.m. and may operate up to seven days per week.
(Ord. 728 1-19-21; Ord. 747 2-2-22; Ord. 762 6-21-22)
§ 17.180.050 Marijuana cultivation facilities.
A.
Permitted Locations. Marijuana cultivation facilities involving the cultivation of more than 99 mature flowering marijuana plants shall only be located in any Industrial District in the City.
B.
Interior Only. Marijuana cultivation shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana cultivation operations, including harvesting and growing plants at any stage, shall be visible from any public right-of-way.
C.
Permits. Marijuana cultivation facilities shall obtain a City-issued Conditional Use Permit and Regulatory Permit.
D.
Hours of Operation. All marijuana cultivation facilities located in any Light Industrial (I-L) District may operate up to 24 hours per day and up to seven days per week.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22; Ord. 775 3-21-23)
§ 17.180.060 Marijuana manufacturing facilities.
A.
Permitted Locations. Marijuana manufacturing facilities shall only be located in any Industrial District in the City, subject to the regulations set forth in this chapter and any additional regulations as may be promulgated hereunder by an ordinance or resolution of the City Council or otherwise pursuant to this chapter.
B.
Permits.
1.
Marijuana Manufacturing—Administrative Approval. A duly approved marijuana cultivation facility, with a duly approved Conditional Use Permit and Regulatory Permit, may request modification of the already approved Conditional Use Permit to operate a marijuana manufacturing facility provided the Director of Community Development, or designee, finds all of the following:
a.
There is a 10% or less than deviation to each of the following:
i.
On-site circulation and parking, loading and landscaping,
ii.
Placement and/or height of walls and fences,
iii.
Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme,
iv.
The density or intensity of a development project,
v.
Paving, and
vi.
Hours of operation;
b.
The marijuana cultivation facility and its manufacturing use is consistent with the goals, objectives, policies and programs of the General Plan;
c.
The marijuana cultivation facility and its manufacturing use complies with all applicable zoning and other regulations;
d.
The marijuana cultivation facility and its manufacturing use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
e.
The location, design and operation of the marijuana cultivation facility and its manufacturing use will be compatible with existing and planned land uses in the vicinity;
f.
Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law.
Applications for a modification of a Conditional Use Permit under this section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in subsection (B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana manufacturing facility applications under this section may be referred to the planning commission at the discretion of the Director.
2.
Marijuana Manufacturing Facilities Not Operating Within a Duly Existing Marijuana Cultivation Facility. Marijuana manufacturing facilities which are not operated within an existing and duly approved marijuana cultivation facility or which results in any additional impact or expansion of use or structure(s) shall obtain a City-issued Conditional Use Permit and Regulatory Permit.
C.
Interior Only. Marijuana manufacturing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana manufacturing shall be visible from any public right-of-way.
D.
Operational Requirements.
1.
Manufacturers are limited to certain equipment, methods, solvents, gases and mediums when creating marijuana extracts.
2.
Manufacturing facilities with a State license of a Type-6 (non-volatile) or a Type 7 (volatile) classification may be allowed to operate under this chapter.
3.
All other methods of extraction shall be conducted in an environment appropriate to the solvent being used, with consideration to proper ventilation and ignition source controls.
4.
All equipment, systems and manufacturing processes must meet or exceed all applicable State and Federal requirements and regulations regarding air, water, health and safety, and handling, processing and storage of hazardous materials, solvents, gases and waste. No manufacturing facility shall commence operations or be issued any form of certificate of occupancy without first obtaining all required fire, environmental, health and safety, planning, and building certificates, permits and approvals required under City’s Municipal Code and all other applicable County, State and Federal regulations.
E.
Hours of Operation. All marijuana manufacturing facilities located in any Light Industrial (I-L) District may operate up to 24 hours per day and up to seven days per week.
F.
Noise. Any marijuana manufacturing facility located in a Light Industrial (I-L) District must, at all times, comply with all applicable noise regulations, including, but not limited to, Chapter 8.12 of this code.
G.
Chemical Engineer. As a condition of obtaining a City-issued marijuana Regulatory Permit and Conditional Use Permit, a licensee of a manufacturing facility desiring to operate under this chapter shall first verify that the licensee employs or contracts with a person who has a B.S. in chemical engineering from an accredited school who shall supervise the design, installation and operation of the facility’s systems and manufacturing processes. Such person shall inspect the premises on a quarterly basis and provide such inspection report to the City. The licensee shall submit to the City a written statement that he or she certifies under penalty of perjury that the name of the employee/contractor is true and correct. The employee/contractor shall also submit a written statement that he or she certifies under penalty of perjury his or her educational qualifications and verifying that he or she is employed or contracted to supervise the design, installation and operation of the facility’s systems and manufacturing processes.
H.
State Regulations. In the event the State of California implements health and safety regulations applicable to marijuana manufacturing facilities, upon implementation of such State regulations, all marijuana manufacturing facilities operators shall immediately implement the State regulations. Should the City’s regulations be stricter than the State regulations, the marijuana manufacturing facility shall use the City’s regulation. The City reserves all rights it has with implanting its own local regulations.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22; Ord. 775 3-21-23)
§ 17.180.070 Marijuana testing facilities.
A.
Permitted Locations. Marijuana testing facilities shall only be located in any Industrial or any Commercial District in the City.
B.
Interior Only. Marijuana testing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No marijuana testing operations shall be visible from any public right-of-way.
C.
Permits. Marijuana testing facilities shall obtain a City-issued Regulatory Permit. A Conditional Use Permit is not required.
D.
Administrative Approval. A duly approved marijuana facility, with duly approved entitlements, such as a Conditional Use Permit and Regulatory Permit which is in good standing with the City, may request a minor modification to the already approved Conditional Use Permit to operate a marijuana testing facility provided the Director of Community Development, or designee, finds all of the following:
1.
There is a 10% or less than deviation to each of the following:
a.
On-site circulation and parking, loading and landscaping,
b.
Placement and/or height of walls and fences,
c.
Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme,
d.
The density or intensity of a development project,
e.
Paving, and
f.
Hours of operation;
2.
The marijuana testing facility and its use is consistent with the goals, objectives, policies and programs of the General Plan;
3.
The marijuana testing facility and its use complies with all applicable zoning and other regulations;
4.
The marijuana testing facility and its use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
5.
The location, design and operation of the marijuana testing facility and its use will be compatible with existing and planned land uses in the vicinity;
6.
Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law;
7.
Applications for a modification of a Conditional Use Permit under this Administrative Approval section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana testing facility applications under this section may be referred to the Planning Commission at the discretion of the Director.
E.
Hours of Operation. All marijuana testing facilities located in any Light Industrial (I-L) District may operate up to 24 hours per day and up to seven days per week.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22; Ord. 775 3-21-23)
§ 17.180.080 Marijuana distribution facilities.
A.
Permitted Locations. Marijuana distribution facilities shall only be located in Industrial Districts in the City, upon issuance of a Conditional Use Permit and a marijuana Regulatory Permit issued pursuant to the City’s Municipal Code.
B.
Permits. Marijuana distribution facilities shall obtain a City-issued Conditional Use Permit and Regulatory Permit.
C.
Administrative Approval. A duly approved marijuana facility, with duly approved entitlements, such as a Conditional Use Permit and Regulatory Permit in good standing with the City, may request modification of the already approved Conditional Use Permit to operate a marijuana distribution facility provided the Director of Community Development, or designee, finds all of the following:
1.
There is a 10% or less than deviation to each of the following:
a.
On-site circulation and parking, loading and landscaping,
b.
Placement and/or height of walls and fences,
c.
Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme,
d.
The density or intensity of a development project,
e.
Paving, and
f.
Hours of operation;
2.
The marijuana distribution facility and its use is consistent with the goals, objectives, policies and programs of the General Plan;
3.
The marijuana distribution facility and its use complies with all applicable zoning and other regulations;
4.
The marijuana distribution facility and its use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity;
5.
The location, design and operation of the marijuana distribution facility and its use will be compatible with existing and planned land uses in the vicinity;
6.
Any project contemplating this Administrative Approval must comply with the California Environmental Quality Act (“CEQA”), and any and all applicable State and local laws and regulations. If CEQA is in fact implicated, as so determined by the Director of Community Development, CEQA must be adhered to, as so required by law;
7.
Applications for a modification of a Conditional Use Permit under this Administrative Approval section shall be on a form prescribed by the Director and shall be filed with the Department, pursuant to Chapter 17.68 (Applications and Fees) and must be approved by the Director, or designee, who may establish additional conditions to further the intent of this section. Any modification request which exceeds the prescribed limitations outlined in this section shall comply with requirements set forth in Section 17.180.060(B)(2). Minor modifications shall not apply when a nonconforming use, structure or site is involved. Marijuana distribution facility applications under this section may be referred to the Planning Commission at the discretion of the Director.
D.
Interior Only. Other than loading, unloading and transportation, all distribution of marijuana and marijuana products shall be conducted only in the interior of enclosed structures, facilities, or buildings.
E.
Hours of Operation. All marijuana distribution facilities located in any Light Industrial (I-L) District may operate up to 24 hours per day and up to seven days per week.
F.
Noise. Any marijuana distribution facility located in a Light Industrial (I-L) District must, at all times, comply with all applicable noise regulations, including, but not limited to, Chapter 8.12 of this code.
G.
Labor Peace Agreements. All applicants for a Conditional Use Permit pursuant to this chapter shall demonstrate that it has already entered into, and will abide by the terms of a labor peace agreement, as defined in California Business and Professions Code Section 26000 prior to issuance of Certificate of Occupancy.
H.
Public Safety. All applicants for Conditional Use Permit to operate a marijuana distribution facility under this chapter shall: (1) demonstrate that such facility will be equipped with adequate security installations and systems to prevent trespassing, theft and diversion of marijuana for unlawful purposes, including exterior lighting, an alarm system, and 24-hour, on-site security personnel, tag and trace protocols and video surveillance; and (2) maintain such security installations and systems while in operation.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22; Ord. 775 3-21-23)
§ 17.180.085 Marijuana hotel facilities.
A.
Permitted Locations. Marijuana hotel facilities shall be located in commercial districts (excluding the Downtown Commercial District), Mixed-Use Corridor District, or Visitor-Serving Mixed-Use District in the City.
B.
Marijuana hotel facilities shall not:
1.
Allow any on-duty employee to consume any marijuana or marijuana products on the premises.
2.
Admit entry into the premises, including both indoors and outdoors, any person who is under 21 years of age.
3.
Sell, serve, or permit the sale or serving of marijuana or marijuana products to persons other than patrons.
4.
Distribute any free samples of marijuana or marijuana products on the premises.
5.
Sell, serve, or permit the sale or serving of marijuana or marijuana products to patrons who are visibly intoxicated.
6.
Permit any public nuisances, including any noise violations or other offenses to the public peace and safety.
7.
Allow smoking or vaping of any product outside of designated and marked smoking areas, consistent with all local and State law.
C.
Marijuana hotel facilities shall:
1.
Store marijuana-containing products out of sight and in accordance with State law.
2.
Be allowed to display empty packages of marijuana-containing products and/or provide a menu of marijuana-containing products to patrons.
3.
Create and maintain an active account within the State’s track and trace system required by Business and Professions Code Section 26067 prior to commencing any commercial marijuana activity.
4.
Ensure that the consumption of marijuana or marijuana products is not visible from the outside of the business.
5.
Comply with any other conditions specified in their marijuana hotel facilities Conditional Use Permit and Regulatory Permit.
6.
Ensure that marijuana consumption areas shall have adequate security and lighting for the safety of patrons and to protect the premises from theft at all times.
7.
Comply with all State alcohol requirements.
8.
Notify patrons verbally and through posting of a sign in a conspicuous location that entry into the premises by persons under the age of 21 is prohibited.
9.
Provide marijuana or marijuana products to a patron in an amount reasonable for on-site consumption and consistent with personal possession and use limits allowed by State law.
10.
For marijuana hotel facilities with more than 10 rooms, employ a person to be on the premises to supervise employees and patrons at all times during business hours.
11.
Install an odor absorbing ventilation and exhaust system so that odor generated inside the premises is not detected outside the premises.
12.
Properly designate any and all smoking areas, if applicable, and in compliance with all local and State laws.
13.
All designated smoking areas shall be 50 feet from any property line (or residential use).
14.
Train its employees about the various marijuana or marijuana products it sells, including potency of the products, absorption time, and effects of the products.
15.
Place and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods.
16.
Properly repackage any and all cannabis or cannabis products that are partially consumed to be taken off site.
D.
Conditional Use Permit/Regulatory Permit Required. No hotel/motel or other transient lodging facility as defined in Chapter 3.20 may sell, offer to sell, prepare for sale, or otherwise provide marijuana or marijuana products to patrons, nor allow the on-site consumption of marijuana or marijuana products by patrons, without first obtaining both a City-issued Conditional Use Permit and Regulatory Permit. The number of Conditional Use Permits issued for marijuana hotel facilities shall be above and beyond the limited number of Conditional Use Permits allowed for storefront retail facilities.
E.
Marijuana hotel facilities must comply with all provisions of this code and State law as it pertains to any and all uses at all times.
(Ord. 727 1-19-21; Ord. 747 2-2-22)
§ 17.180.090 Marijuana facilities-Required license and permits.
In addition to those other requirements which may be imposed pursuant to this chapter, no person or entity shall engage in marijuana activity or open or operate a marijuana facility without possessing and obtaining the following:
A.
A marijuana Regulatory Permit issued by the City pursuant to Chapter 5.50 of the City’s Municipal Code;
B.
A Conditional Use Permit, pursuant to the conditions set forth in this chapter and the City’s Municipal Code;
C.
An Administrative Use Permit, pursuant to the conditions set forth in this chapter and the City’s Municipal Code;
C .
Compliance with all applicable codes, including the Building Code; and
D.
Any applicable State-required permit.
The fact that a person or entity possesses other types of State or municipal permits or licenses does not exempt the person or entity from the requirement of obtaining a City-issued Conditional Use Permit to operate a marijuana facility. Notwithstanding any provision of this chapter to the contrary, marijuana facilities that do not qualify as one of the marijuana facility types expressly regulated by the provisions of this chapter are prohibited from operating anywhere within the City. |
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22)
§ 17.180.100 Licenses and permits applicable to location.
No person or entity shall locate or operate a marijuana facility under the authority of a license or permit at any place other than the address of the marijuana facility as stated in the marijuana Regulatory Permit issued by the City and the Conditional Use Permit issued pursuant to this chapter.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22)
§ 17.180.110 Signage and notices.
In addition to the requirements otherwise set forth in this chapter, business identification signage for all marijuana facilities shall conform to the requirements of the City’s Municipal Code, including, but not limited to, issuance of a City Sign Permit.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22)
§ 17.180.120 Compliance with laws.
A.
It is the responsibility of the owners and operators of all marijuana facilities to ensure that such facilities are, at all times, operating in compliance with all applicable Federal (not dealing with marijuana), State and local laws and regulations and any additional operating procedures or requirements which may be imposed as conditions of approval of a given marijuana facility. Nothing in this chapter shall be construed to authorize any action which violates Federal (not dealing with marijuana), State law or local law with respect to the operation of a commercial marijuana business.
B.
Marijuana facilities shall be permitted only as provided in this chapter and if not expressly permitted by this chapter, shall be prohibited.
C.
Any person or entity operating a marijuana facility shall at all times remain in compliance and operate in accordance with the applicable provisions of this chapter, the City’s Municipal Code, and all applicable State laws and regulations, as may be amended pertaining to marijuana facilities.
D.
Failure to abide by any laws mentioned in this section shall constitute a public nuisance and shall subject the marijuana facility to revocation of any and all entitlements, licenses and permits.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22)
§ 17.180.130 Administration and enforcement.
A.
In addition to the administration of the permitting requirements under this chapter and the City’s Municipal Code, the City Council or its designee may require, as a condition to granting or renewing permits, any information reasonably necessary to implement the intent of this chapter to ensure that all marijuana is grown, processed, manufactured and distributed in a manner not in conflict with this chapter, and to ensure that any and all related city taxes are being properly reported and paid.
B.
A Conditional Use Permit or Administrative Use Permit, and any modifications thereto approved for a marijuana facility may be suspended or revoked for any violation of this chapter and pursuant to the procedures generally applicable to Conditional Use Permits as set forth in the City’s Municipal Code. Violations of this chapter are subject to administrative, civil, and/or criminal penalties, as set forth in the City’s Municipal Code, and remedies for such violations include, but are not limited to, civil injunctive relief, civil or administrative nuisance abatement actions or proceedings, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. The ordinance codified in this chapter is adopted to address public health and safety issues, and as such, is expressly intended to be interpreted strictly and enforced rigorously in a manner such as to deter further violations.
(Ord. 585 9-20-16; Ord. 597 2-7-17; Ord. 629 9-5-17; Ord. 635 11-7-17; Ord. 657 4-17-18; Ord. 671 7-3-18; Ord. 673 9-4-18; Ord. 683 3-19-19; Ord. 747 2-2-22)