A.

There is created a commercial cannabis overlay district, the boundaries of which are shown on the map entitled, "Commercial Cannabis Overlay District," which is on file at city hall. Said map is adopted and made a part of this ordinance.

B.

This chapter is enacted to preserve and promote the public health, safety, and welfare of the citizens of Mendota, to facilitate the establishment of permitted commercial cannabis businesses within the city while ensuring that such businesses do not interfere with other lawful land uses, and to provide new sources of revenue to fund city services.

(Ord. No. 17-13, § 3, 9-12-2017)

"Applicant" shall mean the individual or entity applying for a conditional use permit pursuant to the provisions of this section.

"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 California Health and Safety Code.

"Cannabis dispensary" means any facility or location, whether fixed or mobile, where cannabis is offered, provided, sold, made available or otherwise distributed for commercial purposes to more than two persons.

"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.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in Division 10 of the California Business and Professions Code.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to Division 10 of the California Business and Professions Code.

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

"Non-storefront retail" means retail sales of cannabis or cannabis products to customers exclusively via means of delivery by a person authorized to do so by the department of cannabis control.

"Retail" means the retail sale and delivery of cannabis or cannabis products to customers by a person authorized to do so by the department of cannabis control.

"Testing laboratory" or "testing service" means a laboratory, facility, or entity in 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; and (2) licensed by the department of cannabis control.

(Ord. No. 17-13, § 3, 9-12-2017; Ord. No. 20-16, § 2, 9-22-2020; Ord. No. 21-16, § 2, 10-26-2021)

Where a conflict occurs between the Commercial Cannabis Overlay District and any other section of the zoning code, or any provision of the Mendota Municipal Code, the Commercial Cannabis Overlay District regulations shall prevail.

(Ord. No. 17-13, § 3, 9-12-2017)

The use classifications allowed in the Commercial Cannabis Overlay District shall be those use classifications allowed in the underlying base zoning district.

(Ord. No. 17-13, § 3, 9-12-2017)

The development standards for all development within the Commercial Cannabis Overlay District shall be those standards of the underlying base zoning district.

(Ord. No. 17-13, § 3, 9-12-2017)

A.

The following uses shall be permitted in the commercial cannabis overlay district if a conditional use permit is obtained:

1.

Cannabis cultivation.

2.

Cannabis manufacturing.

3.

Cannabis testing services.

4.

Cannabis distribution.

5.

Non-storefront retail.

B.

In addition to the findings required by section 17.08.050, the following findings shall also be made before any conditional use permit for commercial cannabis activity is granted:

1.

That a development agreement has been entered into by and between the city and the applicant, which is consistent with the provisions of this chapter, promotes the purposes and intent of the commercial cannabis overlay district, and ensures that the property will be used for commercial cannabis activity only.

2.

That a cannabis odors plan has been developed to mitigate site odors to the maximum extent feasible using best management practices.

3.

That all commercial cannabis activities except cultivation will occur within a fully- or partially-enclosed building, or within a temporary structure, and will not be visible from the property boundary or public right-of-way.

4.

That all pesticide use will comply with the state department of pesticide regulations.

5.

That a site security plan has been prepared demonstrating sufficient site security measures to prevent all unauthorized access to the site.

6.

That a power use plan has been prepared demonstrating sufficient power supply for the proposed use.

7.

That the applicant has obtained all necessary state permits and authorizations to engage in the proposed use.

8.

That the applicant has provided the city all information required by state authorities pursuant to Division 10 of the California Business and Professions Code.

9.

That the applicant will provide the city all information required by the state for any renewal of a state license related to commercial cannabis activity as well as the state licensing authority's decision on any such renewal.

10.

That the applicant has consented to the city's inspection, without notice, of any and all records required to be maintained under any local, state, or federal law.

11.

That the applicant will immediately provide notice to the city of any suspension or revocation of any state license issued pursuant to Business and Professions Code Section 26050 et seq.

(Ord. No. 17-13, § 3, 9-12-2017; Ord. No. 20-16, § 2, 9-22-2020; Ord. No. 21-16, § 2, 10-26-2021)

The development agreement required pursuant to Section 17.99.060(B)(1) shall include the following terms:

A.

The applicant agrees to pay an annual fee based on the total square footage of the developed portions of the property in an amount as follows:

1.

Five dollars ($5.00) per square foot for so long as the developed portions of the property are less than two hundred thousand (200,000) square feet.

2.

Four dollars ($4.00) per square foot for so long as the developed portions of the property are between two hundred thousand (200,000) square feet and four hundred ninety-nine thousand, nine hundred ninety-nine (499,999) square feet.

3.

Mutually agreeable terms between the city and applicant so long as the developed portions of the property are five hundred thousand (500,000) square feet or greater.

B.

The fee required pursuant to subdivision (A) shall be paid by the applicant in quarterly installments at times and locations specified by the city, and may not be paid in cash.

C.

The applicant shall be responsible for paying the fee required pursuant to subdivision (A) for all developed portions of the property regardless of whether portions of the developed property are leased or otherwise conveyed to third parties. Any transfer of the applicant's interest in the developed property shall not affect the applicant's obligation to pay the fee required pursuant to subdivision (A) unless the recipient assumes the applicant's obligation to pay the fee for all developed portions of the property as required by this Section 17.99.070.

(Ord. No. 17-13, § 3, 9-12-2017; Ord. No. 20-16, § 2, 9-22-2020)

Editor's note— Ord. No. 21-08, § 2, adopted May 25, 2021, repealed § 17.99.080, which pertained to prohibited uses and derived from Ord. No. 17-13, § 3, adopted Sept. 12, 2017; Ord. No. 20-16, § 2, adopted Sept. 22, 2020.

If any part of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.

(Ord. No. 17-13, § 3, 9-12-2017)