King City City Zoning Code
CHAPTER 17
04 HEMP
§ 17.04.010 Policy.
It is the policy of the city to regulate industrial hemp manufacturing in a responsible manner to protect the health, safety, and welfare of the residents of the city of King and to enforce rules and regulations consistent with state law.
(Ord. 778 § 6, 2019)
§ 17.04.020 Definitions.
When used in this chapter, the following words shall have the meaning ascribed to them as set forth herein. 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 regular provision.
means the city of King, a municipal corporation.
means the governing body of the city.
means the city manager of the city of King, or the city manager’s authorized deputy, agent or representative.
has the same meaning as in Section 81000 of the California Food and Agricultural Code.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of hemp, including activities carried out by seed breeders. For the purposes of this chapter, hemp cultivation shall not include cultivation by an established agricultural research institution as defined in Section 81000 of the California Food and Agricultural Code.
has the same meaning as in Section 11018.5 of the California Health and Safety Code.
means any individual, firm, partnership, joint venture, association corporation, limited liability company, estate, trust, activity trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
has the same meaning as in Section 81000 of the California Food and Agricultural Code.
(Ord. 778 § 6, 2019)
§ 17.04.030 Hemp cultivation.
Hemp cultivation shall be prohibited within all zones of the city of King, whether conducted indoors or outdoors.
(Ord. 778 § 6, 2019)
§ 17.04.040 Manufacturing of hemp products.
The manufacturing of industrial hemp products shall be authorized solely within the M-1, M-2 and M-3 zoning districts and the East Ranch Business Park Specific Plan. A conditional use permit shall be required prior to engaging in the manufacturing of industrial hemp products.
(Ord. 778 § 6, 2019)
§ 17.04.050 Industrial hemp regulations.
(a)
A conditional use permit for an industrial hemp manufacturing facility shall not be approved by the city until the county of Monterey Agricultural Commissioner issues the applicant a registration under Division 24 of the California Food and Agriculture Code.
(b)
Odor Control.
(1)
Odor control devices and techniques shall be incorporated in all industrial hemp manufacturing facilities to ensure that odors from hemp are not detectable off site. Industrial hemp manufacturing facility shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside is not detected outside of the facility, anywhere on an adjacent property or on 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 industrial hemp business.
(2)
In order to determine the existence of a violation of this chapter, the city may measure for hemp odor at the industrial hemp business with an approved field olfactometer device, including, but not limited to, a Nasal Ranger Field Olfactometer® or Scentometer®, according to the manufacturer’s specifications and operating instructions. The threshold of detection (Dilutions to Threshold or D/T) will be determined in a sample of the ambient air after it is diluted with three equally sized samples of odor-free air. Two samples or observations will be taken not less than fifteen minutes apart within a one hour period. The two samples will be taken at the building site of the industrial hemp business. If the threshold of detection is four or greater, the industrial hemp business owner and/or the property owner will be issued a notice to abate public nuisance.
(3)
The notice to abate public nuisance shall include the following:
(A)
The King City Municipal Code violation which constitutes the public nuisance;
(B)
The required remedy for abating the public nuisance; and
(C)
Provide a reasonable time period to abate the public nuisance, unless the public nuisance constitutes an immediate threat to public health, safety and welfare.
Failure to timely abate the public nuisance may result in the revocation of the conditional use permit, pursuant to Section 17.64.040 of this code. An appeal of the notice to abate public nuisance shall be filed with the city clerk within ten calendar days from the date upon the notice and shall provide the specific basis for granting the appeal. An untimely filed appeal shall constitute a waiver of the appeal of the notice. Further, the ten day time period for filing an appeal shall be jurisdictional, and as such, an untimely appeal shall not be considered by the city. |
(4)
Every person or entity owning, possessing, or having charge or control of real property within the city shall manage that property and control the environment thereon in a manner so as not to violate the provisions of this chapter, and the owner shall be liable for violations of the provisions of this chapter, regardless of any contract or agreement with any third party regarding the property.
(5)
Every occupant, lessee, or holder of any possessory interest in real property shall maintain the property in a manner so as not to violate the provisions of this chapter.
(6)
In addition to any regulations adopted by the city of King, the city manager, or designee, shall be authorized to establish any necessary rules, regulations or standards governing the issuance or denial of an industrial hemp conditional use permit, the ongoing operation of an industrial hemp manufacturing facility, and the city’s oversight, if the city manager determines the rule, regulation or standard to be necessary to carry out this chapter.
(A)
Regulations issued by the city manager shall be published on the city’s website. A copy of the regulations established by the city manager shall be filed with the city clerk.
(B)
Regulations promulgated by the city manager shall become effective upon the date of publication. Industrial hemp manufacturing shall be in compliance with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the city manager.
(Ord. 778 § 6, 2019)
§ 17.04.060 Limitations on city’s liability.
To the fullest extent permitted by the law, any industrial hemp manufacturing facility shall execute an agreement indemnifying and holding harmless the city of King, its employees, agents and contractors from any liability or claims arising from issuance of a conditional use permit, pursuant to this chapter, the King City Municipal Code or otherwise approving a conditional use permit for an industrial hemp manufacturing facility.
(Ord. 778 § 6, 2019)
§ 17.04.070 Public nuisance.
Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance.
(Ord. 778 § 6, 2019)
§ 17.04.080 Violation and enforcement.
(a)
Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized pursuant to this chapter and/or the provisions of the King City Municipal Code.
(b)
Each and every violation of this chapter shall constitute a separate violation and shall be penalized pursuant to this chapter and/or the provisions of the King City Municipal Code.
(c)
Any person who violates, causes, continues or permits another to violate the provisions of this chapter commits a misdemeanor and shall be punishable in accordance with Section 1.04.010 of the King City Municipal Code. The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive relief and administrative citations. Should a court of competent jurisdiction subsequently determine that the misdemeanor criminal penalty provision renders the provisions of this chapter, or the provisions of any chapter adopted by reference within the King City Municipal Code unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue criminal infraction penalties and/or non-criminal remedies for violations of this chapter.
(d)
Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance which may be abated by the city pursuant to the King City Municipal Code.
(e)
The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period shall be as follows: one thousand dollars per violation.
(f)
In addition to any other remedy or enforcement mechanism provided within this chapter or any other provision of the King City Municipal Code, the city may commence a civil action seeking any other relief or remedy available at law or in equity.
(g)
The provisions of this chapter are complimentary, cumulative, supplementary, and additional to any other legal remedies available, whether found in the King City Municipal Code, state or federal laws, regulations, or case law.
(Ord. 778 § 6, 2019)
§ 17.04.090 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 778 § 6, 2019)