The terms and phrases used in this chapter shall have the same meaning as in Chapter 5.90 of this code.

(Ord. No. 2399A, § 2, 2-28-2018)

A.

Cannabis cultivation sites, manufacturing sites, testing laboratories, distributors, and delivery-only retailers shall be permitted only in light manufacturing (M-l) and heaving manufacturing (M-2) zones, subject to a development agreement and conditional use permit approved by the city, as described in Chapter 5.90.

B.

No premises operating commercial cannabis activities shall be located within a six-hundred-foot radius of a school providing instruction in kindergarten or any grades one through twelve, a day care center, a youth center, or a property that is zoned R-A (residential-agricultural), R-l (single-family residential), R-2 (two-family residential), R-3 (multiple-family residential), or R-4 (high density residential), as of the time the development agreement is approved by the city. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school, day care, youth center, or residentially zoned parcel to the closest property line of the lot on which the premises is to be located, without regard to intervening structures.

(Ord. No. 2399A, § 2, 2-28-2018; Ord. No. 2404, § 2, 6-13-2018)

A.

Permittees, and the premises upon which commercial cannabis activities are operated, shall strictly comply with this code, the development agreement approved by the city, the conditional use permit approved by the city, the Act, and the Regulations. To the extent of a conflict among any of the foregoing, the more restrictive provision shall control unless a different intent is clear from context.

B.

All premises where commercial cannabis activities are operated shall comply with the following minimum development and operating standards:

1.

All cultivation, manufacturing, testing, storage, and other operations of commercial cannabis activities shall occur in a fully enclosed and permanent building, as described in Chapter 5.90.

2.

Persons under the age of twenty-one shall be prohibited from the premises at all times.

3.

A premises shall notify patrons of the following through the posting of a sign in a conspicuous location: (a) that loitering on and around the premises is prohibited by California Penal Code § 647(e); (b) that patrons must immediately leave the site upon concluding the reason for their visit, and may not consume cannabis or cannabis products on the premises; (c) that patrons may be subject to prosecution under federal law; and (d) that the use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate machinery.

4.

Permittees shall provide the name and phone number of an on-site staff person to the Montebello Police Department and City Manager for notification if there are operational problems or emergencies associated with the premises or the operation thereof.

5.

All commercial cannabis activities shall be operated within the specific part of the premises specified in the development agreement or conditional use permit, and no commercial cannabis activities shall exceed the square footage authorized in the controlling development agreement, conditional use permit, or the licensee's license, whichever is most restrictive.

6.

All exterior windows, doors, loading and unloading docks or bays, and any points of ingress or ingress into the structure on the premises in which commercial cannabis activities will be operated shall be secured from unauthorized entry by commercial grade, nonresidential locks, and in a manner approved by the Montebello Police Department. The exterior of each of the foregoing areas shall be illuminated during evening and early morning hours.

7.

The ingress and egress points of any storage areas for cannabis or cannabis products shall be locked and secured at all times, and under the control of and accessible only by permittee's authorized personnel.

8.

Each permittee shall implement a track-and-trace system, approved by the Montebello Police Department and compliant with the Act and Regulations, to record the chain of supply of cannabis or cannabis products from "seed-to-sale."

9.

The operation of commercial cannabis activities, cannabis or cannabis products, shall not be visible from any public right-of-way.

10.

The exterior appearance of the premises, including but not limited to the design, color, landscaping, screening, architectural treatments, signage, and similar aesthetic features of the premises shall comply with the standards applicable to the underlying zoning district, as may be modified or supplemented though the development agreement or conditional use permit.

11.

Except as modified herein, or in a development agreement or conditional use permit, the premises shall comply with the development standards applicable to the underlying zoning district.

12.

All exterior signage on the premises shall comply with the standards of this code, or the development agreement or conditional use permit, whichever are more restrictive.

13.

The exterior of the premises shall comply with the city's generally applicable lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and associated approvals and permits.

14.

All waste generated by or resulting from commercial cannabis activities shall be disposed of as required by law, and pending disposal shall be stored in a locked and secure area that is under the control of and accessible only by permittee's authorized personnel.

15.

There shall not be on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, cannabis, or cannabis products on the premises.

16.

Except as otherwise set forth in a development agreement, the hours of operation for a premises shall be limited to: Monday [through] Sunday, 8:00 a.m. to 8:00 p.m.

17.

The premises shall provide an odor absorbing ventilation and exhaust system so that odor generated inside the structure where commercial cannabis activities are operated is not detected outside the structure, anywhere on adjacent property, public rights-of-way, or within any other unit or structure on the premises aside from the structure where commercial cannabis activities are operated.

18.

If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the operation of commercial cannabis activities, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials subject to permits under California Fire Code Section 50 (Hazardous Materials) are located on the premises or where required by the Montebello Fire Department.

19.

Storage, use and handling of compressed gasses in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders or tanks containing residual cases shall be considered as full for the purposes of the controls required. Compressed gasses classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids), and California Fire Code Chapter 64 (Pyrophoric Materials), Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.

20.

All manufacturing, cultivation, and testing sites are Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the California Fire Code. All new construction is required to be fire sprinkled pursuant to the Fire Code. For premises sited in an existing structure, an automatic fire sprinkler system shall be provided throughout all buildings contained in a Group F-1 Occupancy where one of the following conditions exist: (a) Group F-1 fire area exceeds twelve thousand square feet; (b) Group F-1 fire area is located more than three stories above grade plane; or (c) the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds twenty-four thousand square feet.

21.

All areas where commercial cannabis activities are operated are wet locations, and the electrical system in such areas shall comply with all city and California building codes, fire codes, electrical codes, and other applicable laws.

(Ord. No. 2399A, § 2, 2-28-2018)

A.

Permittees shall comply with the security standards and requirements set forth in this code, the development agreement approved by the city, the conditional use permit approved by the city, the Act, and the Regulations. To the extent of a conflict among any of the foregoing, the most restrictive provision shall control unless a different intent is clear from context.

B.

All permittees and premises where commercial cannabis activities are operated shall comply with the following minimum security standards:

1.

Security Cameras.

a.

Security cameras shall be installed and maintained on the premises in a good working condition, and capable of producing digitally recorded documentation in a format approved by the Montebello Police Department.

b.

All security cameras on the premises shall be in use twenty-four hours per day, seven days per week. Permittees are 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 capturing the identity of all individuals and activities in the monitored areas.

c.

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.

d.

The areas of the premises to be covered by the security cameras include, but are not limited to: all storage areas for cannabis or cannabis products; all areas where commercial cannabis activities are operated; each location where weighing, packaging, transport, preparation, or tagging activities occur; the interior and exterior of all points of ingress or egress to storage areas; all doors and windows; loading and unloading bays, the interior and exterior of all points of ingress or egress to the structure on the premises where commercial cannabis activities are operated, and all points of ingress or egress to the premises.

e.

Surveillance recording equipment must be housed in a designated, locked, and secured room or other enclosure with access limited to authorized employees, serving personnel, or local law enforcement agencies for law enforcement purposes.

f.

All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. At least one camera shall be dedicated to recording the access points to the secured surveillance recording area.

g.

Permittees shall keep a current list of all authorized employees and personnel who have access to the surveillance system and/or room on the premises. Permittees shall keep a surveillance equipment maintenance activity log to record all service activity, including the identity of the individual performing the service, the service date and time, and the reason for service. Such records shall be maintained on the premises and shall be made available to the city upon request.

h.

The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions.

i.

Video surveillance equipment shall, at a minimum, consist of digital or network video recorders, cameras capable of meeting the requirements described in this chapter, video monitors, digital archiving devices, a color printer, and the capability to produce still color photograph from any camera image, live or recorded. The date and time shall be embedded on all surveillance recordings without significantly obscuring the picture, and time is to be measured in accordance with the official United States time established by the National Institute of Standards and Technology and the U.S. Naval Observatory.

j.

Video surveillance systems must be equipped with a failure notification system that provides prompt notification to the permittee of any prolonged surveillance interruption and/or the complete failure of the surveillance system.

k.

A sign shall be posted in a conspicuous place near each point of public access which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the premises that a video surveillance and camera recording system is in operation and recording all activity as provided in this code.

l.

All surveillance recordings must be kept for a minimum of ninety days and be in a format that can be easily accessed for viewing. Video recordings must be archived in a format that ensures authentication of the recording as legitimately-captured video and guarantees that no alteration of the recorded image has taken place.

m.

After the ninety-day surveillance video retention period has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purposes. Surveillance video recordings may not be destroyed if the premises knows or should have known of a pending criminal, civil, or administrative investigation or any other proceedings for which the recording may contain relevant information.

n.

Upon request, permittees shall make available to the Montebello Police Department or local law enforcement agency, for law enforcement purposes, all information related to security alarm systems, recordings, monitoring, and/or system activity.

o.

Permittees may utilize off-site monitoring and video recording storage, or an independent third-party service, to satisfy the requirements of this section, provided the standards exercised at the remote location meet or exceed all standards for on-site monitoring set forth herein.

2.

Alarm System.

a.

The premises shall be alarmed with a reliable, commercial alarm system that is operated and monitored by a security company or alarm business that is operating in full compliance with this code, including but not limited to Chapter 8.24.

b.

Permittees shall maintain up to date and current 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 alarm company, and the name of any vendor monitoring the premises.

c.

At a minimum, the alarm system shall monitor all exterior points of access into the structure on the premises where commercial cannabis activities are operated, including but not limited to windows and doors.

d.

Security Guard. At all times a premises is open to the public, at least one security guard who is licensed, possesses a valid department of consumer affairs "security guard card," and has a valid Santa Ana Business License.

3.

Records. All records applicable to the surveillance system, alarm system, and track-and-trace system shall be maintained on the premises, and available for inspection upon request by the Montebello Police Department or other local law enforcement personnel for law enforcement purposes or to ensure compliance with this code, the Act, or the Regulations.

(Ord. No. 2399A, § 2, 2-28-2018)