The intent of this chapter is to regulate uses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult businesses due to increased crime, debris, noise and vandalism; higher crime rates in the vicinity of adult businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult businesses. It is neither the intent, nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended market.

Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 743, § 3, 3-21-2017)

"Adult bookstore." Any establishment, which as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, DVDs, CD ROMs, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas. (See "adult business" for definition of regular and substantial portion of its business.)

"Adult business." Any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire which does not opaquely cover specified anatomical areas. "Adult business" does not include those uses or activities, the regulation of which is preempted by state law.

"Adult cabaret." A nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

"Adult hotel or motel." A hotel or motel which, as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and/or which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above.

"Adult model studio." Any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. "Adult model studio" shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code.

"Adult motion picture arcade." Any business establishment or concern containing currency, coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image-producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

"Adult theater." A business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Body painting studio." Any establishment or business that provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is displaying whole or partial nudity of specified anatomical areas.

"Establish." With reference to an adult bookstore, adult motion picture theater, adult cabaret, or other adult business:

A.

Opening or commencement of operation as a new business.

B.

Conversion of an existing business to an adult business.

C.

Addition of an adult business to an existing business, whether or not adult, if the addition results in enlarging the place of business. For purposes of this subsection, enlargement means an increase in the size of the building or area in which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot.

"G-string." An article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.

"Individual viewing area." Any area used for viewing live performances, pictures, movies, videos or other presentations which has a potential maximum occupancy of ten persons or less as determined by the development services director under the adopted Uniform Building Code.

"Live art class." Any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical areas; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class.

"Live entertainment." Any existent display by a human being which is characterized by an emphasis on specified anatomical areas or specified sexual activities.

"Nude," "nudity," or "state of nudity." The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

"Pasties." An article of clothing that opaquely covers the nipple and areola of the female breast.

"Performer." Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical areas in an adult business.

"Religious institution." A building which is used primarily for religious worship and related religious activities.

"Residentially zoned properties." Property in the RL, RM, RH, RMU, CMU, DWSP zones (with or without planned development overlay) within the city.

"School." An institution of learning for minors, whether public or private which is maintained pursuant to standards set by the state board of education and made applicable to the particular type of school. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the state department of education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university.

"Sexually oriented material." Any element of any merchandise, including but not limited to any book, periodical, magazine, photograph, slides, drawing, sculpture, motion picture film, videos, DVDs, CD ROMs, compact disks, other types of photographic reproductions, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Sexually oriented merchandise." Sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

"Specified anatomical areas."

A.

Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and

B.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities."

A.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or

B.

Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or

C.

Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

D.

Fondling or touching of clothed or unclothed human genitals, pubic region, buttocks, or female breast; or

E.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

F.

Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

G.

Human excretion, urination, menstruation, vaginal or anal irrigation; or

H.

The presence of any person who performs, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or any other opaque covering over the nipple and areola of the female breast, and, while covering the cleft between the buttocks and pubic area, covers less than one inch on either side of the entire length of the cleft between the buttocks and two inches across the pubic area.

(Ord. No. 743, § 3, 3-21-2017)

No adult business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains both an adult business permit and a business tax certificate from the city.

(Ord. No. 743, § 3, 3-21-2017)

A.

Persons Eligible. The property owner, or authorized agent of the property owner, is eligible to request an adult business permit.

B.

The information requested below is required at the time an adult business permit application is submitted to the community development department:

1.

A complete adult business permit application signed by the property owner or its authorized representative and by the owner of the proposed adult business.

2.

A nonrefundable deposit or fee as set forth by ordinance or resolution of the city council.

3.

A letter of justification describing the proposed project and explaining how it will satisfy the required findings.

4.

Information required for public meetings and hearings.

5.

All other information as required by the city's adult business ordinance.

(Ord. No. 743, § 3, 3-21-2017)

A.

Determination of Completeness. The development services director upon receipt of an adult business application shall review said application within 30 days of submittal. The basis of this review shall be limited to the requirements of the adult business ordinance including but not limited to findings/location and operational requirements, and application requirements. If the application is determined complete, the development services director shall consider the adult business permit as provided below. Should the application be found incomplete, the applicant shall be advised of the needed or expanded information to complete said application. Upon resubmittal of said application, the review process for completeness shall be the same as the original submittal.

B.

Issuance of Permit. The development services director upon acceptance of a complete application shall either approve or disapprove the adult business permit within 30 days. A notice shall be mailed to property owners within 500 feet of the proposed adult business location. The notice shall include a description of the proposed adult business and the proposed location of said business. The development services director shall approve or disapprove said adult business permit. The criteria for approval or disapproval shall be based upon the requirements, findings, location, and operational criteria as established within the adult business ordinance, as adopted by the city. The permit may be issued pending the conclusion and findings of the city police department background investigation. Failure to issue or deny the permit upon the expiration of the time lines identified above the application has been found or deemed to be complete pursuant to this section shall result in the permit being deemed issued by operation of law.

C.

Prompt Judicial Review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall approve and issue an adult business permit if he or she finds that:

A.

The adult businesses shall not be located within 300 feet from any residentially zoned or used property, 500 feet of any lot upon which there is properly located a public park or religious institution, 750 feet from any schools or 500 feet from any other adult business establishment as of the day the application for an adult business permit is filed.

The distance of separation required shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the adult business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school, or other adult use. If the residential use, religious institution, park or school, or other adult business from which the measurement is being taken is located on the same lot as the adult business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.

B.

The adult business may only be permitted in the Commercial Service (CSF) zoning district.

C.

The adult business shall comply with the city's zoning, building and development regulations.

D.

The adult business will not be located completely or partially within any mobile structure or pushcart.

E.

The adult business will not conduct any massage, tattooing, acupressure, fortune-telling or escort services on the premises.

F.

The adult business will provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult business accessible to the public will be open to public view at all times with the exception of restroom facilities. "Accessible to the public" will include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization, as well as any area of the establishment where a patron can go by way of an invitation of an entertainer.

G.

The adult business shall comply with the objective portions of the city's sign regulations.

H.

The adult business shall comply with the objective development and design requirements of the zoning district in which it is to be located.

I.

The adult business shall not display any sexually oriented material, sexually oriented merchandise or display which would be visible from any location other than from within the adult business.

J.

The adult business shall not allow admittance to any person under the age of 18 if no alcohol is served, or under the age of 21 if alcohol is served.

K.

The adult business shall not operate between the hours of midnight and 10:00 a.m.

L.

For the five years prior to establishing the adult business and at all times during its operation in the city, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) or employees of the adult business shall have been found guilty of a misdemeanor or felony classified by the state as a sex-related offense including but not limited to a violation of the following Penal Code Sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266, (inc. 266a—266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, 647 or have either had an adult business permit or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of an adult business permit or similar permit, license or ordinance in any city, county, territory, or state. This shall be verified by evidence generated from the police department background investigation.

M.

The owner of the adult business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually oriented materials and sexually oriented merchandise. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the owner of the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

N.

The interior of the adult business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations.

O.

All areas of the adult business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

P.

The individual viewing areas of the adult business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.

Q.

A traffic study prepared for the adult business in conformance with industry standards must demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway.

R.

The adult business shall comply with the noise element of the general plan.

S.

The adult business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.

T.

Live entertainment shall only be performed either: a) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than eight feet around the perimeter of the stage; or b) in a location other than on the stage such that the performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier that cannot be opened between the public area and performer area.

U.

No individual viewing area may be occupied by more than one person at any one time.

V.

No patron shall directly pay or give any gratuity to any performer, and no performer will solicit or accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area which the performer is occupying.

W.

No performer will intentionally have any physical contact with any patron and no patron will intentionally have any physical contact with any performer while on the premises of an adult business.

X.

No exterior door or window shall be propped or kept open at any time during hours of operation and exterior doors or windows shall be covered with opaque coverings at all times.

Y.

The adult business shall have a separate entrance and exit to the premises for performers which are separate from the entrance and exit used by the public and which the performers shall use at all times.

Z.

Neither live entertainment, nor any adult material or adult merchandise shall be visible from anywhere outside the adult business.

AA.

At least one security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorperson, ticket taker or seller, or similar functionary while acting as a security guard. For all adult businesses providing live entertainment, an additional security guard shall be provided with each increase in maximum occupancy of 200 persons.

BB.

The adult business shall be operated consistent with the floor plan approved by the city. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the city.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

No adult business permit may be sold, transferred, or assigned by any permittee, or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter null and void. An adult business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult business from one element of an adult business use to another element of an adult business shall also render the permit null and void. An adult business permit shall only be valid for the exact location specified on the permit.

(Ord. No. 743, § 3, 3-21-2017)

A.

Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts an activity referred to in this chapter without first obtaining an adult business permit from the city shall be guilty of a misdemeanor. Except as provided herein, and as provided by the penal code, no violation of this chapter shall be criminally punished.

B.

Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

C.

Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance; and the city attorney may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult business and restrain and enjoin any person from operation, conducting or maintaining such an establishment contrary to the provisions of this division.

(Ord. No. 743, § 3, 3-21-2017)

A.

Inspections. The permittee shall permit officers of the city and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult business for the purpose of ensuring compliance with the law at any time the adult business is open for business or occupied.

B.

Revocation Grounds. The director of development services may revoke an adult business permit when he or she discovers that any of the following have occurred:

1.

Any of the locational/operational requirements above are violated;

2.

The application contains incorrect or false information;

3.

The permittee is convicted of any felony or misdemeanor which is classed as a sex or sex-related offense including but not limited to a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266, (inc. 266a—266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, 647, or any violation of any other adult business ordinance of any other city, county, or state; or

4.

Any person has been convicted of a sex-related offense including but not limited to a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266, (inc. 266a—266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, 647 as a result of his or her activity on the premises of the adult business.

5.

Revocation Notice. Upon determining that the grounds for permit revocation exist, the director of development services shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may request a public hearing within 15 calendar days of the postmarked date on the notice, and shall be delivered both by posting the notice at the location of the adult business and by sending the same, certified mail, return receipt requested and postage prepaid, addressed to the permittee as that name and address appears on the permit. Within 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal request for public hearing with the development services director, where it shall be considered on the next available planning commission agenda.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

The purpose and intent of this chapter is to protect and promote the public health, safety and welfare of residents and visitors of the city by establishing a comprehensive set of regulations and prohibitions regarding various types of commercial medicinal and adult-use cannabis activities and the cultivation of cannabis for personal use in the city, in a manner that is consistent with the Compassionate Use Act of 1996, the Medical Marijuana Program Act of 2003, the Medical Cannabis Regulation and Safety Act of 2015, the Adult-Use of Marijuana Act of 2016, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and other applicable state laws governing cannabis activities.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

As used in this chapter, the following words and phrases shall have the following meanings:

"Adult-use" (or non-medicinal) refers to an activity involving cannabis or cannabis products that is restricted to adults 21 years of age and over and who do not possess physician's recommendations, in contrast to activities involving medicinal cannabis or medicinal cannabis products.

"Applicant" means a person applying for any city permit or approval pursuant to this chapter.

"Application" means an application for a commercial cannabis business permit pursuant to this chapter.

"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.

"Cannabis business zone" or "CBZ" refers to an overlay zoning designation that is intended to facilitate the use and development of property for commercial cannabis activities on non-residential-zoned land within the city, subject to Section 18.49.060 and other applicable provisions of this chapter.

"Cannabis concentrate" 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 & Safety Code, or a drug, as defined by Section 109925 of the Health & 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.

"CDTFA" means the California Department of Tax and Fee Administration, formerly known as the Board of Equalization.

"City manager" means the city manager of the City of Suisun City, or his or her designee(s).

"Commercial cannabis activity" or "commercial cannabis operation" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale (including retail and wholesale) of cannabis and cannabis products, except cultivation and possession of cannabis for personal use as set forth in this chapter or as preempted by state law.

"Commercial cannabis business permit" means a permit issued by the city pursuant to this chapter which authorizes the permittee to operate a specific type of commercial cannabis operation in the city subject to the requirements of this chapter, state law, and the specific terms and conditions of the permit.

"Consumption cafe/lounge," for the onsite retail sale and consumption of cannabis or cannabis products.

"CSF" means the city's commercial services fabrication zone.

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

"Cultivation site" means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of these activities occurs.

"Day care center" means, as the term is understood in Business and Professions Code Section 26001(o), as may be amended, any 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.

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

"Director" means the city manager of the City of Suisun City, or his or her designee(s).

"Distribution" means the procurement, sale and transport of cannabis and cannabis products between persons possessing state licenses.

"Employee" means any person, whether paid or unpaid, who provides regular labor or regular services for a commercial cannabis operation, including, but not limited to, at the location of a commercial cannabis operation. The term "employee" includes managers and owners as used in this chapter.

"Extraction" means the process of obtaining cannabis concentrates from cannabis plants, including but not limited to through the use of solvents such as butane, alcohol or carbon dioxide.

"Ground lease" means a real property lease whereby the lessee is authorized to undertake significant development or make significant improvements to the leased property.

"Indoor," in the context of cultivation, refers to cultivation using exclusively artificial lighting and no natural lighting.

"License" or "state license" means a State of California commercial cannabis operation license, as provided for in Division 10 of the Business and Professions Code (and attendant state regulations), and as may be amended.

"Live scan" means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice (DOJ) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the city council.

"Manager" means an employee responsible for management and/or supervision of a commercial cannabis operation or its employees.

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

"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 re-labels its container; "Manufacturer" includes the activity of manufacturing.

"Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product used in compliance with state law for medical/medicinal purposes, pursuant to the Compassionate Use Act (Health and Safety Code § 11362.5), the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7, et seq.), and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code §§ 26000, et seq.).

"Minor" means a person under 21 years of age.

"Mixed-light" refers to cultivation using a combination of natural and supplemental artificial lighting.

"Non-storefront retailer" means a retailer operating pursuant to a Type 9 state license and which engages in the retail sale of cannabis and cannabis products exclusively by delivery.

"Owner" means an owner of a commercial cannabis operation.

"Person" includes 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, and includes the plural as well as the singular.

"Physician's recommendation" means a determination from a physician that a patient's medicinal cannabis use is deemed appropriate and is recommended by the physician on the basis of the physician has determined that the patient's health would benefit from the use of cannabis in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief, in strict accordance with the Compassionate Use Act of 1996 (Proposition 215), and as understood by Section 11362.5 of the Health and Safety Code.

"Premises" means the designated structure or structures and the surrounding land that is owned, leased, or otherwise held under the control of an applicant or permittee where commercial cannabis activity will be or is conducted.

"Primary caregiver" has the same meaning as in Section 11362.7 of the Health and Safety Code, as may be amended.

"Private residence" has the same meaning as in 11362.2(b)(5) of the Health and Safety Code, as may be amended, which provides that private residence "means a house, an apartment unit, a mobile home, or other similar dwelling."

"Qualified patient" has the same meaning as in Section 11362.7 of the Health and Safety Code, as may be amended.

"Retailer" means a cannabis business that engages in the retail sale of cannabis or cannabis products to customers, whether by delivery or from a storefront. "Retailer" includes "storefront retailer" and "non-storefront retailer."

"RFA" means "request for applications."

"School" means, as the term is understood in Business and Professions Code Section 26054(b), as may be amended, as a place of instruction in kindergarten or any grades 1 through 12.

"Simple lease" means a real property lease which does not authorize the lessee to undertake significant development of, or make significant improvements to, the leased property.

"State" means the State of California.

"Storefront retailer/dispensary" means a retailer operating pursuant to a Type 10 state license and engaging in the retail sale of cannabis and cannabis products to walk-in customers from a storefront, commonly referred to as a dispensary. Storefront retailers may also engage in the retail sale of cannabis and cannabis products by delivery.

"Testing laboratory" or "testing" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products; includes the activity of laboratory testing.

"Youth center" means, as the term is understood in Business and Professions Code Section 26001(av), as may be amended, any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

It shall be unlawful to own, establish, operate, use or permit the establishment or activity of a commercial cannabis operation, or to participate in commercial cannabis operations as an employee, contractor, agent, volunteer, or in any manner or capacity, unless such operation is:

1.

Pursuant to a current and valid City of Suisun City commercial cannabis business permit issued pursuant to this chapter;

2.

Pursuant to an equivalent state license for the type of commercial cannabis operation being conducted, pursuant to Division 10 of the Business and Professions Code, as amended, and applicable state regulations promulgated pursuant thereto; and

3.

In compliance all the other applicable requirements of this chapter.

The prohibition of this section shall include renting, leasing, or otherwise permitting a commercial cannabis operation to occupy or use a location, vehicle, or other mode of transportation.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Commercial cannabis operations (including non-profit operations) within the city which involve the activities of outdoor cultivation are prohibited in the city. This prohibition includes, but is not limited to, commercial cannabis activities licensed by the state license classifications listed below, as provided for in Business and Professions Code Section 26050 and applicable state regulations:

1.

Type 1 = Cultivation; specialty outdoor; small.

2.

Type 1C = Cultivation; specialty cottage; small.

3.

Type 2 = Cultivation; outdoor; small.

4.

Type 3 = Cultivation; outdoor; medium.

5.

Type 5 = Cultivation; outdoor; large.

B.

Except as otherwise expressly provided in this chapter, the prohibition provided by subsection A. includes any similar activities authorized under new or revised state licenses, or any other state authorization, for any type, category, or classification of commercial cannabis activities which involve the above-referenced activities or similar operations (including non-profit, collective or cooperative operations.)

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Commercial cannabis operations (including non-profit operations) within the city, which comprise the activities of indoor cultivation, mixed-light cultivation, retailer, non-storefront retailer, manufacturer, testing or distributor are allowed subject to issuance and maintenance of a valid and current city-issued commercial cannabis business permit, continuing compliance with this chapter and all other applicable city and state laws and regulations, and issuance and maintenance of a valid and current state license of a type listed below, as provided for in Business and Professions Code Section 26050 and applicable state regulations:

1.

Type 1A = Cultivation; specialty indoor; small.

2.

Type 1B = Cultivation; specialty mixed-light; small.

3.

Type 2A = Cultivation; indoor; small.

4.

Type 2B = Cultivation; mixed-light; small.

5.

Type 3A = Cultivation; indoor; medium.

6.

Type 3B = Cultivation; mixed-light; medium.

7.

Type 4 = Cultivation; nursery.

8.

Type 5A = Cultivation; indoor; large.

9.

Type 5B = Cultivation; mixed-light; large.

10.

Type 6 = Manufacturer 1 (extractions using mechanical methods or nonvolatile solvents).

11.

Type 7 = Manufacturer 2 (extractions using volatile solvents).

12.

Type N = Manufacturer (no extractions, pursuant to 17 CCR § 40118, and as may be amended).

13.

Type P = Manufacturer (packaging and labeling only, pursuant to 17 CCR § 40118, and as may be amended).

14.

Type 8 = Testing laboratory.

15.

Type 9 = Non-storefront retailer (by delivery only, pursuant to 16 CCR § 5414, and as may be amended).

16.

Type 10 = Retailer.

17.

Type 11 = Distributor.

18.

Type 12 = Microbusiness.

19.

Type 13 = Distributor (transport only, pursuant to 16 CCR § 5315, and as may be amended).

20.

Cultivation license types for indoor or mixed-light pursuant to 3 CCR § 8201, and as may be amended).

21.

Type 14 = Consumption cafe/lounge.

B.

The requirements provided by above subsection A. apply to any similar activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category, or classification of commercial cannabis activities which involve the above-referenced activities or similar operations (including non-profit, collective or cooperative operations).

C.

All permitted commercial cannabis uses, with the exception of a storefront retailer, must operate within a cannabis business zone pursuant to Sections 18.49.060 and 18.49.070. Storefront retailers are limited to three within the city limits and restricted to the CSF zone pursuant to Section 18.49.160.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

No commercial cannabis operation or activity, other than a storefront retailer pursuant to Section 18.49.160, shall be permitted to operate anywhere in the city other than in a cannabis business zone.

B.

The cannabis business zone is an overlay zoning designation that is intended to facilitate the use and development of property for commercial cannabis activities on non-residential-zoned land within the city.

C.

Establishment of a cannabis business zone does not limit, reduce, or alter the uses allowed pursuant to the base zoning designation of any property or area to which it applies.

D.

Under no circumstances shall any property or area located within residential zones (RL, RM, RH1, RH2, RMU) or within the Waterfront District Specific Plan (RLD, RMD, HR, RHD, HLC) receive a cannabis business zone designation.

E.

Under no circumstances shall any area located within 600 feet of a school, day care center or youth center receive a cannabis business zone designation. If a property or area is located within 1,000 feet of an established cannabis business zone, the property or area shall not be designated as a separate cannabis business zone. Distances shall be measured as the shortest horizontal distance measured in a straight line from the property line of one site to the property line of another site.

F.

Application Submittal and Review.

1.

CBZ designations and modifications shall be initiated, and review and action related to CBZ designations shall be conducted, in accordance with the procedure set forth in Chapter 18.82 (Amendments) of this Code.

2.

Notwithstanding the foregoing, for CBZ designations or modifications initiated by one or more property owners, the initiating document shall be in the form of a city-provided application, in lieu of a verified petition as provided for in Section 18.82.020 A. The application for designation or modification of a CBZ shall be accompanied by a fee set by resolution of the city council.

3.

For CBZ designations or expansions initiated by application, if there is more than one holder of a legal or equitable ownership interest in property located in the area subject to the proposed CBZ designation or expansion, each such property owner shall consent to the CBZ designation or expansion over his or her property. If such property owner does not so consent, his or her property shall not become subject to the CBZ. Consent shall be evidenced by a property owner's status as a joint applicant for the CBZ designation or expansion, or via submission of a signed and notarized consent form from a non-applicant property owner, submitted with the application, consenting to inclusion of his or her property within a CBZ.

4.

In addition to all submittal requirements identified within Chapter 18.82 of this Code, applicants shall provide information as requested to facilitate city review of the CBZ, as determined by the director. Such information may include, but not be limited to:

a.

Conceptual layout of development within the CBZ.

b.

Description of proposed uses, including but not limited to the percentage of use or development by the various permitted cannabis business types described in Section 18.49.050.

c.

Anticipated number of jobs to be created.

d.

General statement of design, including perimeter security, landscaping and typical architectural character.

G.

Criteria for Review.

1.

It is the city's expectation that development and operation of businesses within cannabis business zones will be designed and operated in a manner that generally benefits the residents of Suisun City. Such benefits may arise from direct creation of new jobs, creation of ancillary and related jobs, contributions toward the construction of key infrastructure projects, contributions of revenue to the city to support key community priorities, or other measures as proposed and determined appropriate by the applicant.

2.

In reviewing an application for a CBZ, the city council shall find that the proposed cannabis uses will not adversely impact the existing community. Potential adverse impacts include, but are not limited to, increases in criminal activity and the creation of nuisances, including but not limited to detrimental odors and emissions.

H.

Development Agreement. Due to the complexity of implementing development within a cannabis business zone, in order to define the interests of the city, cannabis business zone applicants, and commercial cannabis business permit applicants, and to further the overall public health, safety and welfare of the residents of the city, holders of legal or equitable interests in land located within the cannabis business zone are subject to development agreement obligations as set forth in Section 18.49.070.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Development Agreement Requirements.

1.

Each applicant for establishment of a cannabis business zone pursuant to Section 18.49.060, concurrently with CBZ application review, shall apply for and negotiate, in good faith, terms of a development agreement to guide subsequent development and operation of cannabis-related uses within the CBZ. Prior to commencement of any commercial cannabis operations or issuance of any certificate of occupancy for such operations within the CBZ, the city and the CBZ applicant shall execute an appropriate development agreement pursuant to this section. All real property located within the CBZ in which the CBZ applicant holds a legal or equitable interest, greater than a simple lease, shall be subject to the development agreement.

2.

The development agreement shall set forth the terms and conditions under which the subject commercial cannabis operation(s) will operate, which may, in addition to the requirements of this chapter, include, but not be limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the residents of the city. The procedures for development agreements shall comply with this chapter, Chapter 18.70, and Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code.

3.

If any real property located within a CBZ is at any time owned by persons other than the CBZ applicant, such owners shall be subject to the same obligations, set forth in subparagraph A.1., as the CBZ applicant, except as otherwise stated in this section.

4.

Term Limits; Renewal. The maximum term for any development agreement entered into pursuant to this section be until revoked in accordance with the provisions of Section 65865.1 of the Government Code. A ministerial annual review shall be made to check for compliance or at an earlier date if exigent circumstances arise. A development agreement may remain in effect for an unlimited number of consecutive terms. All development agreements shall be subject to compliance with the periodic review requirements of Government Code Section 65865.1. However, the timing of any renewal may be made to coincide with a successful periodic review.

B.

Development Agreement Filing Requirements.

1.

Only qualified applicants, as defined in Section 18.49.100 D., may apply to enter into a development agreement pursuant to this section.

2.

The director shall prescribe the form for each application, notice and other documents provided for or required under this section for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the director, along with a deposit for the estimated direct and indirect costs of processing the development agreement. The applicant shall deposit any additional amounts for all costs and fees to process the development agreement, including all legal fees, within 15 days of request by the director. Upon either completion of the application process or withdrawal of the application, the city shall refund any remaining deposited amounts in excess of the costs of processing.

3.

The director shall require an applicant to submit such information and supporting data as the director considers necessary to process the application, including but not limited to a community benefit assessment to evaluate the benefits the development agreement will provide to the community.

C.

Processing and Requirements.

1.

The director shall endorse on the application the date it is received. An application or related document shall not be complete until an estimated deposit (as estimated by the city) for the cost of processing has been paid to the city. If within 30 days of receiving the application the director finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the running of any time limits shall be suspended upon written notice to the applicant and a new 30-day period shall commence once the required material is received by the director. If the director finds that the application is complete for filing, it shall be accepted for filing and the applicant so notified. The director shall review the application and determine the additional requirements necessary to complete final processing of the agreement. After receiving the required information and determining the application to be complete for processing, the director shall prepare a staff report and recommendation to the planning commission and city council stating whether or not the agreement as proposed or in an amended form would be consistent with policies of the city, this chapter, and any applicable general or specific plan.

2.

Notice of a hearing regarding the development agreement shall be given by the director and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set forth in Section 18.70.110.

3.

The planning commission shall review the proposed development agreement and provide a recommendation to the city council to approve, approve with modifications or deny the proposed development agreement. If the planning commission fails to take action within 60 days of opening the hearing on the matter, such failure shall be deemed to constitute a recommendation of denial to the city council unless the applicant has requested an extension of time, either in writing or on the record, which has been approved by the planning commission prior to the running of the sixtieth day.

4.

The proposed development agreement shall be set for hearing and consideration before the council within 60 days of the recommendation of the planning commission, unless the applicant agrees in writing to an extension of time with the director prior to the matter being heard by the council.

5.

Within ten calendar days after the city enters into the development agreement, the city clerk should have the agreement recorded with the county recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the city terminates or modifies the agreement as provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city clerk shall have notice of such action recorded with the county recorder.

D.

Required Findings for Approval Development Agreement. After the city council completes the public hearing, the council may not approve the development agreement unless it finds that the provisions of the agreement:

1.

Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;

2.

Are compatible with the uses authorized in and the regulations prescribed for the zoning district in which the real property is located;

3.

Are beneficial to the residents of the city so as to promote the health, safety and welfare of city residents. Such benefits may arise from, without limitation, direct creation of new jobs, creation of ancillary and related jobs, contributions toward the construction of key infrastructure projects, contributions of revenue to the city to support key community priorities, or other measures as proposed by the applicant and determined appropriate by the city;

4.

Are not detrimental to the public health, safety, or general welfare;

5.

Comply with the California Environmental Quality Act;

6.

Will not adversely affect the orderly development of property or the preservation of property values in the city; and

7.

Provide for a reasonable penalty for any violation of the development agreement.

E.

Transfer of Development Agreements.

1.

If a party to a development agreement pursuant to this section transfers title to any real property that is subject to the development agreement or any term or obligation thereof, then the transferor shall assign, and the transferee shall assume, the terms and obligations of the development agreement that are applicable to the transferred real property, unless the transferor, by the terms of the transfer, agrees to retain such obligations. Transferee shall meet all the requirements asked of applicants.

2.

No assignment or assumption of any development agreement, or any term or obligation thereof, shall be valid without the prior written consent of the city council, and then only upon presentation of evidence demonstrating that the transferee has the experience, expertise, financial strength, and resources to perform its obligations under the agreement, in addition to compliance with any transfer conditions or obligations set forth in the agreement.

3.

No permit or entitlement authorizing the transferee to engage in commercial cannabis activity on the transferred real property shall issue until such assignment and assumption has been executed and consented to by the city in accordance with subparagraph E.2., unless the transferor has agreed to retain the obligations under the development agreement by the terms of the transfer, and the transferee has demonstrated the same to the city.

4.

Notwithstanding any other provision of this section, if the transferee will not engage in or authorize commercial cannabis activity on the property, the transferee shall be exempt from all provisions of the development agreement that accrue specific benefits to the city and its residents such as requiring payment of funds to the city by commercial cannabis operations, to the extent such requirements are based on the nature of such operations as commercial cannabis operations. Subject to the foregoing, the assignment and assumption pursuant to subparagraphs E.1.—3. shall be required, but upon expiration of the then-existing term of the development agreement, the transferee shall not be obligated to apply for or enter into a new or renewed development agreement pertaining to the transferred real property.

5.

Leases. All real property is subject to a development agreement pursuant to this section.

6.

Each assignment and assumption of a development agreement pursuant to this section shall provide for the transferee to be bound by and comply with all terms and conditions of the development agreement, for the remainder of the term thereof, or until the transferee no longer retains a legal or equitable interest in the subject property (except as stated in subparagraph E.4.).

7.

The assignment and assumption shall be signed, with notary acknowledgment, by a person who is duly authorized to bind the transferor and the transferee. The assignment and assumption shall also be approved by the city council and executed by a duly authorized representative of the city, acknowledging that the assignment and assumption complies with this section and consenting thereto. Upon full execution and approval of the assignment and assumption, the transferee shall be deemed a party to the development agreement pursuant to this section for all purposes. The fully executed assignment and assumption should be recorded on the subject property within ten days after its approval and execution.

F.

Modifications and Extensions.

1.

The provisions of Section 65868 of the California Government Code shall apply for all modifications, extensions or other amendments of the terms of a development agreement subject to this chapter.

2.

Either party may propose an amendment or termination of an approved development agreement subject to the following:

a.

The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first instance.

b.

The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the California Government Code.

3.

Nothing herein shall limit the city's ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California Government Code as may be amended.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Prior to commencing any commercial cannabis operation and as a continuing requisite to conducting operations, the owner of a commercial cannabis operation shall obtain a commercial cannabis business permit from the city under the terms and conditions set forth in this chapter in addition to an equivalent, valid and current state license issued pursuant to Division 10 of the Business and Professions Code, as amended.

B.

Commercial cannabis business permits issued pursuant to this chapter shall be renewed annually after their date of issuance subject to ministerial review, unless otherwise expressly provided.

C.

The issuance of a commercial cannabis business permit shall constitute a revocable privilege and shall not create or establish any vested rights for the development or use of any property.

D.

Conditions necessary for the continuing validity of a commercial cannabis business permit include:

1.

Strict adherence to each and every applicable requirement of this chapter and Code, as well as any further applicable requirements, including administrative regulations, adopted by the city.

2.

Maintaining an equivalent, current and valid state license issued pursuant to Division 10 of the Business and Professions Code, as amended. Revocation, suspension or expiration of a required state license shall automatically invalidate the commercial cannabis business permit.

3.

Allowing city code enforcement, fire officials and police officers to conduct reasonable inspections, at the discretion of the city, of the location of the commercial cannabis operation, including but not limited to inspection of security, inventory, and written and electronic records, recordings and files pertaining to the commercial cannabis operation, for the purposes of ensuring compliance with this Code and state law.

4.

Maintaining valid and current contact information on file with the city for the owner(s) and manager(s) of the commercial cannabis operation, and that of the legal representative of the operation, if applicable.

E.

Commercial cannabis business permits are transferable only if the transferee satisfies all of the requirements for issuance of a new commercial cannabis business permit.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

The owner of a proposed commercial cannabis operation, prior to commencing operation, shall file an application for a commercial cannabis business permit with the director upon a form provided by the city, and shall pay a filing fee as established by resolution adopted by the city council, as may be amended.

B.

An application for a commercial cannabis business permit shall include, but not be limited to, the following information:

1.

The full name, address, e-mail address, and phone number of the applicant.

2.

The street address, assessor's parcel number, and total square footage of the premises where the commercial cannabis operation will be located, and a description of the characteristics of the area surrounding the premises.

3.

If the applicant is not the property owner, a notarized acknowledgment from the property owner consenting to the operation of the proposed commercial cannabis operation on the premises.

4.

The full names, addresses, e-mail addresses, and phone numbers of all persons who will be responsible for or who will participate in the management of the proposed commercial cannabis operation.

5.

A list of the full names of all management and owners of the proposed commercial cannabis operation, along with any other identifying information requested by the director.

a.

For each manager and owner identified, a color photocopy of either a valid California driver's license or equivalent identification approved by the director.

b.

For each manager and owner identified, and for all owners of the proposed operation, a written and signed consent form provided by the city whereby the employee consents to fingerprinting and a state and federal criminal history background check. At the discretion of the city and in compliance with state law, the city may use live scan to perform criminal background checks.

c.

For each manager and owner identified, a check for payment of the appropriate fees to the city to cover the costs of performing the required criminal history background check.

6.

The name, e-mail address and phone number of an employee designated as community outreach manager, who shall be responsible for outreach and communication with the surrounding community.

7.

A description of the statutory entity or business form that will serve as the legal structure for the proposed applicant, the ownership structure of the applicant as filed with the California Secretary of State (e.g. S-corporation, limited liability company, limited liability partnership, etc.), and a copy of all applicable formation and organizing documents for the entity. An applicant that is a foreign corporation shall provide a certificate of qualification issued by the California Secretary of State.

8.

The proposed days and hours of operation of the commercial cannabis operation.

9.

A scaled site plan, prepared by a licensed civil engineer or architect, of the premises, including at minimum all buildings, structures, driveways, parking lots, landscape areas, and boundaries.

10.

A scaled floor plan, prepared by a licensed civil engineer or architect, for each level of each building on the premises, including the entrances, exits, walls and operating areas.

11.

A security plan satisfactorily addressing all required security measures identified in Section 18.49.150 H.

12.

A transportation plan describing the procedures for safely and securely transporting cannabis and cannabis products and currency to and from the premises.

13.

A description of the odor control devices and techniques that will be used to prevent odors from cannabis or cannabis products from becoming detectable off of the premises, in compliance with Section 18.49.150 G.

14.

Procedures for identifying, managing, and disposing of litter, waste, and contaminants and hazardous materials pursuant to Sections 18.49.150 M.—N.

15.

A business plan, reflecting the capitalization of the proposed business and the degree of training, professionalism and experience of the owner, managers and employees of the proposed business.

16.

An operations plan, detailing the operating procedures of the proposed commercial cannabis business, tailored to the specific type of business proposed. Such procedures shall address, without limitation, storage, handling and use of cannabis, cannabis products, and any other materials to be used or contained in the proposed operation, handling of cash, equipment and methods to be used, inventory procedures, lighting, signage and quality control procedures, as applicable.

17.

Written authorization to the city to conduct reasonable unannounced inspections of the premises at the discretion of the city, including but not limited to inspection of security, inventory, and written records and files pertaining to the commercial cannabis operation, for the purposes of ensuring compliance with this Code and state law.

18.

Evidence of compliance with all operating standards and requirements applicable to the proposed commercial cannabis operation, including but not limited to as provided for by this chapter.

19.

Evidence of compliance with all applicable insurance requirements under State and local law, including but not limited to those established by the director pursuant to Section 18.49.130 A.1. and 18.49.150 I. Endorsements reflecting the city's status as an additional insured on all required policies shall be provided by the applicant.

20.

A copy of a valid and current seller's permit issued by the CDTFA to the applicant, or confirmation from the CDTFA that a seller's permit is not required. If the applicant has not yet received a seller's permit, an attestation that the applicant is currently applying for a seller's permit.

21.

Identification of any and all other licenses and/or permits for commercial cannabis operations issued by any licensing or permitting authority:

a.

Held currently by the applicant;

b.

Pending approval for the applicant; or

c.

Denied to, suspended for, or revoked from the applicant.

22.

Signed authorization for the director to seek verification of the information contained in the application.

23.

A written statement, signed under penalty of perjury by the applicant, certifying that all of the information contained in the application is true and correct.

24.

Evidence of compliance with state laws and regulations applicable to the proposed commercial cannabis operation.

25.

Any additional information as is deemed necessary by the director to administer this chapter.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Upon receipt of a commercial cannabis business permit application, the director shall review the application for completeness, including payment of the required fees.

B.

If the director determines that the application is incomplete, the director shall notify the applicant of such fact within 30 days of receipt of the application. If the applicant, after receiving such notice, re-submits an incomplete application to the city, the application shall be deemed abandoned. The applicant may then submit a new application for review pursuant to the requirements of this chapter.

C.

Upon receipt of a completed application, the director shall investigate the information contained in the application to determine whether the application is in compliance with the requirements of this chapter for potential issuance of a commercial cannabis business permit.

D.

Upon completing his or her investigation of a completed application, the director shall deem the application a qualified application, unless the director finds any of the following:

1.

The applicant has made one or more false or misleading statements or omissions, either on the written application form or during the application process;

2.

The applicant has not satisfied each and every requirement of this chapter and code; or

3.

The applicant is not in compliance with applicable state law.

E.

Upon deeming an application a qualified application, the director shall set the application for review by the city's planning commission and shall make a recommendation to the planning commission as to whether it should recommend approval or denial of the application based on satisfaction of the criteria set forth in Sections 18.49.110 B. and C. The director may also recommend the imposition of reasonable conditions on the approval and maintenance of the permit, in addition to the requirements of this chapter, to ensure the safe operation of the commercial cannabis operation, and to ensure the health, safety and welfare of the residents and visitors of the city.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

The planning commission shall review a qualified application at a duly noticed public meeting of the planning commission within a reasonable time after the application is deemed qualified by the director, and shall provide a written recommendation on the application to the city council.

B.

The planning commission shall recommend approval of a qualified application to the city council only upon making a positive finding that the proposed operation will promote the overall health, safety and welfare of the city's residents, based on consideration of the following factors:

1.

The proposed operating procedures are detailed, comprehensive, and consistent with best practices and industry standards.

2.

The proposed security plan is thorough and establishes high standards for public safety, and for protection of cannabis and cannabis products against theft and diversion to unlawful uses.

3.

The exterior appearance of the premises of the proposed operation is aesthetically pleasing and architecturally consistent with surrounding uses.

4.

The proposed operation is compatible with surrounding land uses.

5.

The proposed operation will provide economic benefits to the city.

6.

The proposed operation will provide employment opportunities for city residents.

7.

The proposed operation will positively impact the community, based on factors such as, without limitation, whether and to what extent the proposed operation will offer or engage in community service, education, outreach and engagement programs.

8.

The proposed operation will be sensitive to community concerns and is not likely to result in negative or nuisance impacts on the community.

9.

The proposed operation will maintain best practices with regards to sanitation, cleanliness, and handling, treatment and disposal of waste, contaminants and hazardous materials.

10.

The proposed operation will make efficient and safe use of energy, water and other resources.

11.

The proposed operation is in compliance with the California Environmental Quality Act.

12.

The proposed operation is adequately capitalized.

13.

The owner, managers and employees of the proposed operation possess a high degree of training, professionalism and experience.

14.

The proposed operation meets all applicable requirements of this chapter, this Code and state law.

15.

The proposed operation will be within an established cannabis business zone.

16.

The proposed operation satisfies any additional criteria that the planning commission determines is of benefit to making a determination of the applicant's commitment to the health, safety and welfare of the residents and visitors of the city.

C.

In evaluating a qualified application pursuant to above subsection B., the planning commission shall consider the information contained in the application as well as any additional information submitted by the applicant at or prior to the hearing. If the planning commission finds that the applicant fails to satisfy three or more of the factors set forth in above subsection B., the planning commission shall recommend denial of the application to the city council.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Within a reasonable time after the planning commission has made a recommendation to the city council regarding a qualified application, the city council shall make a final written determination on the qualified application at a properly noticed public meeting of the city council. Factors to be considered by the city council include the findings and recommendation of the planning commission as well as all pertinent evidence timely submitted to the city council by the applicant, the public, and other interested parties.

B.

The city council shall not be bound by the findings or recommendation of the planning commission, and shall be entitled, but not required, to conduct an independent review of the application. If, upon review, the city council makes an affirmative finding that the proposed operation will promote the overall health, safety and welfare of the city's residents pursuant to Section 18.49.110 B., and does not find that the applicant fails to satisfy three or more of the factors set forth in Section 18.49.110 B., the city council shall grant the applicant a commercial cannabis business permit.

C.

The city council may impose reasonable terms and conditions upon the use of the commercial cannabis business permit that it deems necessary to ensure compliance with this chapter and applicable state law, and/or to ensure the safe operation of the proposed operation and the health, safety and welfare of the residents and visitors of the city.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Upon receiving a commercial cannabis business permit pursuant to this chapter, the permit holder shall:

1.

Prior to commencing operations, execute an agreement to indemnify, defend and hold harmless (at the commercial cannabis business permit holder's sole expense, the ability to do so demonstrated through proof of sufficient insurance coverage to the satisfaction of the director) the city, its elected officials, employees, agents, officers, and representatives, and each and all of them individually, from all liability or harm arising from or in connection with all claims, damages, attorney's fees, costs and allegations arising from or in any way related to the operation of the commercial cannabis operation; and, to reimburse the city for any costs and attorney's fees that the city may be required to pay as a result of such action. The city may, at its sole discretion, participate at its own expense in the defense of any such action.

2.

Maintain continuing compliance with all applicable insurance requirements imposed pursuant to local and state law at all times while operating pursuant to the commercial cannabis business permit.

3.

Maintain a valid seller's permit issued by the CDTFA, to the extent required by the CDTFA under state law.

4.

Maintain continuing compliance with the criminal history background check requirements of Section 18.49.150 at all times while operating pursuant to the commercial cannabis business permit by ensuring that, immediately upon hiring or association by the commercial cannabis operation of an employee who has not undergone the required background check, the permit holder provides the director the authority to obtain:

a.

The results of a live scan or other criminal history background check, as determined by the city, for the employee which was performed no earlier than 90 days prior to the date of hiring or association of the employee (or as soon as is practicable as determined by the director); and

b.

A color photocopy of either a valid California driver's license for the employee, or equivalent identification of the employee approved by the director.

5.

Immediately update the director in writing with correct and current contact information when there is a change in the information previously provided to the city relating to the individuals associated with the permit holder.

B.

Failure to perform the requirements of this section shall render the permit holder's commercial cannabis operation unlawful.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

The following procedure shall govern the process for renewal of a commercial cannabis business permit:

1.

Commercial cannabis business permits issued pursuant to this chapter shall be renewed annually after their date of issuance subject to ministerial review, unless otherwise expressly provided. The following will be checked, but not limited to:

a.

Calls for service.

b.

Loitering.

c.

Public nuisance violations, etc.

2.

A permit holder may apply to the director for renewal of an existing permit no less than 60 days, but no more than 90 days, prior to the permit's expiration date.

3.

Application for renewal shall be made through submittal of a commercial cannabis business permit renewal application form provided by the city.

4.

Applications for renewal shall contain all information and documentation required by Section 18.49.090 for applications for new commercial cannabis permits, except as may be waived by the director based on a finding that certain required information is already possessed by the city, and upon receipt of a certification from the permit holder to the effect that the information remains up to date and has not changed since it was submitted to the city. A storefront retailer permitted pursuant to an RFA process shall be treated the same as all other commercial cannabis business permit holders for purposes of renewal.

5.

If a permit holder files a renewal application less than 60 days prior to permit expiration, the holder must provide a written explanation detailing the circumstances surrounding the late filing.

6.

The director may, but is not required to, accept the late-filed application for renewal. If the director accepts the application, then the director may elect to administratively extend the permit beyond the expiration date pending the director's review and decision upon the renewal application.

7.

An application for renewal shall not be accepted unless it is accompanied by payment of the required fee for the renewal application set pursuant to resolution of the city council.

B.

If the director, upon review of a completed application for renewal of a commercial cannabis business permit, determines that the commercial cannabis operation remains in compliance with all applicable requirements of this chapter, all terms of any applicable development agreements, and other applicable city and state laws and regulations, the director shall approve the application and renew the permit. If the director determines that the commercial cannabis operation has not remained in compliance, the director shall deny the application. Decisions of the director may be appealed to the city council for review in accordance with the provisions of Section 18.49.220 E. of this chapter.

C.

A commercial cannabis business permit is immediately invalid upon its expiration date if it is not renewed by such date (with the exception of extensions pursuant to Section 18.49.140 A.5.). In the event the permit is not renewed prior to expiration, the affected commercial cannabis operation shall be required to cease operation, and any continued operation after expiration is unlawful.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

The following operating standards and restrictions shall apply to all commercial cannabis operations and activities in the city, and shall be deemed conditions of issuance and use of all commercial cannabis business permits:

A.

Commercial cannabis operations shall comply with all applicable State laws and regulations as well as the requirements of this chapter and other applicable city laws and regulations.

B.

All commercial cannabis activities shall be conducted within a fully enclosed building or structure which shall be closed to the general public (except storefront retailers may be open to the public during normal business hours pursuant to Section 18.49.160). Neither cannabis nor cannabis products shall be visible from the public right-of-way.

C.

No person under 21 years of age shall be allowed access to any portion of the premises of any commercial cannabis operation at any time.

D.

Signs shall be posted conspicuously on the premises indicating that the site is not open to the public (except permitted storefront retailers need not post such signs) and that minors are prohibited from entering the site.

E.

Notwithstanding any other provision of this Code, all commercial cannabis operation premises (except permitted storefront retailers) shall be screened to a height of seven feet with fencing consisting of materials permitted by Chapter 18.34, as may be amended.

F.

All premises must maintain the required lot setbacks pursuant to the city standards applicable to the underlying zoning district in which the premises are located.

G.

All premises must be equipped with an air treatment system sufficient to ensure that off-site odors shall not result from its activities. The premises shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location of the commercial cannabis operation is not detected outside the building, on adjacent properties or public rights-of-way, or within any other unit located within the same building as the commercial cannabis operation, if the use occupies a portion of a building.

H.

All commercial cannabis operations shall maintain the following security standards:

1.

If the premises are available for public access, such access must be through a single secured vestibule area designed to allow for identification confirmation prior to entry into the main lobby area.

2.

All areas of the premises where cannabis or cannabis products are cultivated, tested, manufactured, or stored shall be separated from any areas which are available to public access, and shall be secured by lock accessible only to authorized personnel of the commercial cannabis operation.

3.

All authorized personnel of commercial cannabis operations shall wear badges or other identification issued by the owner of the operation at all times while on the premises.

4.

All premises shall be equipped with high definition security surveillance cameras, which shall be installed and maintained in good condition at all times. The security surveillance camera system shall be in continuous use 24 hours per day, seven days per week, and shall be capable of monitoring all doors, windows, parking lots, areas where cannabis or cannabis products are located, areas adjacent to the exterior walls of all buildings and structures on the premises, and other areas as deemed necessary by the director. Recordings generated by the security surveillance camera system shall be maintained by the commercial cannabis operation for a minimum of 90 days. The recording system must be capable of exporting the recorded video in standard MPEG formats (or other formats approved or required by the director) to a common medium such as a USB drive, DVD or other medium approved by the director. Recordings shall be made available to the city immediately upon request. Additionally, remote log-in information shall be provided to the city's police department to allow city police officers and/or other city officers and employees to view live and recorded security camera images remotely at any time.

5.

The premises shall have sufficient lighting such that all areas subject to monitoring by the security surveillance camera system shall be visible to all cameras of the system at all times.

6.

Sensors shall be installed to detect entry and exit from all secured areas.

7.

The premises shall be equipped with a centrally-monitored fire and burglar alarm system and monitored by an alarm company properly licensed by the State of California Department of Consumer Affairs Bureau of Security and Investigative Services in accordance with Business and Professions Code Sections 7590 et seq., and whose agents are properly licensed and registered under applicable law, all subject to approval by the director.

8.

The premises shall have one or more secured transport areas from which all vehicular transportation of cannabis and cannabis products to and from the premises shall occur.

9.

At least one security guard licensed by and in good standing with the Bureau of Security and Investigative Services shall be on the premises at all times. The number of security personnel required to be present on any premises at any time, or at all times, may be adjusted as deemed necessary by the director in consultation with the city's chief of police.

10.

If security bars for doors or windows are used, such security bars shall be placed on the interior side of such doors and windows, and must comply with applicable state building standards.

11.

Commercial cannabis operations must designate an employee to act as a liaison to the city and its police department and must provide the city and its police department with the phone number and email address of the liaison. The liaison shall be reasonably available to meet with city or police department officials representatives as requested by the city or its police department.

12.

Commercial cannabis operations must report any of the following occurrences to the police department within 24 hours of discovery thereof:

a.

Suspected theft of inventory or equipment, or significant unexplained discrepancies relating thereto;

b.

Security breaches, including but not limited to burglaries;

c.

Loss or unauthorized alteration of records subject to city inspection pursuant to this chapter; and

d.

Any criminal activity or suspected criminal activity taking place on the premises.

13.

Commercial cannabis operations shall have the capacity to remain secure during a power outage. Access doors with locks shall not be controlled solely by an electronic access panel.

I.

Commercial cannabis operations shall maintain insurance coverage in amounts satisfactory to the director which evidence compliance with all applicable insurance requirements as provided for by this chapter, local law and state law. Minimum insurance levels shall be determined by the director after an assessment of the risks posed by the commercial cannabis operation, including provision for meeting the requirements of Section 18.49.130 A.1. The city shall be named as an additional insured on all required policies.

J.

Commercial cannabis operations shall maintain on-site the following records in paper or electronic form:

1.

The full name, address, and telephone number of the owner and any lessee of the property.

2.

The name, date of birth, and telephone number, and job title or position of each employee of the commercial cannabis operation.

3.

Copies of all required state licenses.

4.

An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and cannabis products on the site, and the daily amounts of cannabis and cannabis products leaving the site for any reason, including but not limited to sale, delivery and distribution.

5.

A written accounting of all expenditures, costs, revenues and profits of the commercial cannabis operation, including but not limited to cash and in-kind transactions.

6.

A copy of all insurance policies held by or related to the commercial cannabis operation.

7.

A copy of the commercial cannabis operation's financial statement and tax return for the most recent previous year.

8.

A copy of the required valid and current state license and city-issued commercial cannabis business permit.

K.

All records required to be maintained by commercial cannabis operations pursuant to this chapter shall be maintained for three years and are subject to immediate inspection upon request by the city, subject to applicable state and federal law requirements relating to medical confidentiality or other applicable privacy restrictions.

L.

Employees; Background Checks; Identification.

1.

All employees must submit to fingerprinting and criminal background checks by the city.

a.

No individual convicted within the last ten years of a felony substantially related to the qualifications, functions or duties of an employee of a commercial cannabis operation (such as a felony conviction for distribution of controlled substances other than cannabis, money laundering, racketeering, etc.) shall be involved in the operation or ownership of a commercial cannabis business, unless such employee has obtained a certificate of rehabilitation (expungement of felony record) under California law or under a similar federal statute or state law where the expungement was granted.

b.

At the request of the commercial cannabis operation, the director and police chief shall determine the applicability of a waiver of this section to a potential employee for good cause within a reasonable period of time after a written request has been made to the director and police chief for such determination.

2.

All employees and owners must possess a valid government issued (or equivalent) form of identification containing an identifying photograph of the employee, the name of the employee, the date of birth of the employee, and the residential address of the employee or owner. Color copies of such identification shall be maintained at the location of the commercial cannabis operation. A valid California driver's license will satisfy this requirement.

M.

Commercial cannabis operations shall ensure at all times that all cannabis and cannabis products on-site remains free of harmful contaminants, including but not limited to pesticides, mold and fungus. Commercial cannabis operations shall establish, implement, and at all times maintain written procedures to ensure compliance with this subsection.

N.

Commercial cannabis operations shall ensure that litter and waste, including chemical and organic waste, are properly and regularly removed from the premises, that waste disposal operating systems are maintained in an adequate manner so as not to constitute a source of contamination in areas where cannabis is exposed, and that hazardous materials and waste are properly stored, handled and disposed of in accordance with applicable law. Commercial cannabis operations shall establish, implement, and at all times maintain written procedures to ensure compliance with this subsection.

O.

Commercial cannabis operations shall not result in a nuisance or adversely affect the health, welfare, or safety of nearby persons by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or waste. The permittee shall promptly and diligently both prevent as well as eliminate conditions on the site of the commercial cannabis operation that constitute a nuisance.

P.

Notwithstanding any provision of this Code to the contrary, commercial cannabis business permittees shall remove all graffiti from the site and parking lots under the control of the commercial cannabis business permittee within 24 hours of its application.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Storefront retailers (state license Type 10) shall be subject to the general operating standards and restrictions set forth in Section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a storefront retailer operation:

1.

No more than three commercial cannabis business permits for storefront retailers shall be active or valid in the city at any one time. In the event no such permits are active and valid in the city at any given time, the director, in his or her discretion, may initiate an RFA process to accept applications in accordance with Section 18.49.160 B. Applications for commercial cannabis business permits for storefront retailers shall not be accepted other than pursuant to the RFA process.

2.

Storefront retailers may be permitted to operate only in the following zones: Zoning ordinance (CSF—commercial services fabricating, CMU—commercial mixed-use), and waterfront specific plan (DMU—downtown mixed-use, MSMU—Main Street mixed-use). Provided that no permit applications shall be accepted, and no storefront retailers shall be allowed, in the Main Street mixed-use (MSMU) and downtown mixed-use (DMU) zones for a period of 12 months from the effective date of the ordinance from which this chapter is derived.

3.

Storefront retailers may be open to the public only during normal operating hours. Normal operating hours are limited to 8:00 a.m. to 10:00 p.m., Monday through Sunday.

4.

Storefront retailers shall have an operable electronic point-of-sale system, which produces historical transactional data available for review by the director upon request, on the premises of the storefront retailer at all times during operating hours. All retail sales of cannabis and cannabis products transacted by the storefront retailer shall be entered into or otherwise recorded by the electronic point-of-sale system.

5.

A manager must be present on the premises of the storefront retailer at any time that any person, other than security personnel, is on the premises.

6.

Smoking, ingesting or consuming cannabis or cannabis products must take place within designated approved consumption area/lounge in accordance with this chapter and state law and must not take place at or within 20 feet of the premises of a storefront retailer is prohibited.

7.

Storefront retailers shall not provide free cannabis or cannabis products, except in accordance with Title 16, Section 5411 of the California Code of Regulations, and as may be amended.

8.

Storefront retailers shall not sell mature or flowering plants.

9.

Storefront retailers shall not sell or dispense alcohol from their premises, and no alcohol shall be consumed on the premises.

10.

Odor control devices and techniques shall be used to prevent odors from cannabis or cannabis products from becoming both detectable off of the premises, in compliance with Section 18.49.150 G., and from becoming detectable beyond reasonable levels (as determined by the director) inside the premises.

11.

Proof of the required state license and city-issued commercial cannabis business permit, and a copy of all requests/orders for deliveries being made, shall be carried at all times in vehicles being used to make deliveries on behalf of a storefront retailer, and shall be immediately available upon request from law enforcement officers.

12.

Storefront retailers shall take reasonable steps to discourage and correct activities or conditions that are illegal or that constitute a nuisance in parking areas, sidewalks, alleys and other areas surrounding or adjacent to the premises of the storefront retailer during operating hours, if such conduct is related to the storefront retailer operation or any of its owners, managers, employees, agents, representatives, contractors, or customers. Reasonable steps shall include immediately calling the police upon observation of any such activity, and requesting that any person engaging in such activity immediately cease the activity, unless personal safety would be at risk in making the request.

13.

An approved and permitted storefront retailer/dispensary may also deliver medicinal and adult-use cannabis and cannabis products for retail sale subject to the limitations and operating regulations of Section 18.49.160 C.

14.

A consumption cafe/lounge shall have a licensed premises that is a physical location from which commercial cannabis activities are conducted. The consumption cafe/lounge shall only sell cannabis or cannabis products to adults 21 years of age or older for onsite consumption, either through smoking, vaping, or ingestion of edible or topical products. The space occupied by a consumption cafe/lounge shall be definite and distinct from the space where other activities licensed under this division are exercised, and shall be accessed through a separate entrance.

B.

Storefront Retailers/Dispensaries: Request for Applications (RFA) Process.

1.

Applications for storefront retailers (state license Type 10) may only be accepted pursuant to a request for applications (RFA) process conducted pursuant to this subsection. Notwithstanding Sections 18.49.100, 18.49.110, and 18.49.120, applications for storefront retailers shall be reviewed and approved in accordance with this subsection.

2.

Whenever there is no existing commercial cannabis business permit for a storefront retailer in the city (including after a previously-issued permit has been permanently revoked or voluntarily forfeited, or expired without being renewed), the director, in his or her discretion, may initiate and conduct an RFA process. The director may promulgate regulations to guide the RFA process, subject to compliance with this subsection.

3.

Upon initiating an RFA process, the director shall prepare an RFA for the purpose of soliciting applications for establishment of a storefront retailer/dispensary in the city. Responses to the RFA, including regulations and other requirements that the director may promulgate to guide the RFA process, shall be deemed applications for city-issued commercial cannabis business permits for storefront retailers, pursuant to Sections 18.49.080 and 18.49.090. In the event generally applicable procedures and requirements of this chapter conflict with Sections 18.49.080 and/or 18.49.090, this subsection B. and section 18.49.160 A. shall govern.

4.

The city manager shall develop, for council approval, a process for reviewing and selecting a recommended operator of a storefront retailer from applications received through the RFA process. The recommended operator for a commercial cannabis business permit to operate a storefront retailer/dispensary shall be approved for issuance of a commercial cannabis business permit by the city council.

5.

Notwithstanding any provision of this subsection B., the city council shall not be obligated at any time to approve any application for issuance of a commercial cannabis business permit for a storefront retailer/dispensary.

6.

Renewal of commercial cannabis business permits issued pursuant to this subsection B. shall be conducted in accordance with Section 18.49.140.

C.

Non-storefront retailers shall be subject to the general operating standards and restrictions set forth in Section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a non-storefront retailer operation:

1.

Non-storefront retailers based within the city that are not directly associated with and co-located with a permitted storefront retailer/dispensary must be located within an approved cannabis business zone and must obtain a commercial cannabis business permit.

2.

Non-storefront retailers may sell medicinal and adult-use cannabis and cannabis products, and all such sales shall be by delivery only.

3.

Deliveries of cannabis and cannabis products shall only occur within the city by a commercial cannabis operation properly licensed or permitted to engage in cannabis deliveries by both the State of California as well as the originating jurisdiction of the delivery.

4.

Non-storefront retailers delivering cannabis and cannabis products within the city shall have a valid city business license. Non-storefront retailers based outside of the city (i.e. having no business premises in the city) are not required to obtain a commercial cannabis business permit.

5.

No cannabis or cannabis products shall be sold directly from the premises of a non-storefront retailer.

6.

The premises of non-storefront retailers shall be closed to the general public at all times, and shall be accessible only to employees and persons with a bona fide business or regulatory purpose for accessing the premises.

7.

A manager must be present on the premises of the non-storefront retailer at any time that any person other than security personnel is on the premises.

8.

No employee or other person acting on behalf of a non-storefront retailer may possess during deliveries, or deliver, more than $5,000.00 total worth of cash, cannabis and/or cannabis products at any given time.

9.

No delivery of cannabis or cannabis products shall be made to any person other than the person who requested the delivery, except, for deliveries of medicinal cannabis or medicinal cannabis products, when the person requesting the delivery is a qualified patient and the person receiving the delivery is his or her primary caregiver, or vice versa.

10.

Any person who is present on the premises of the non-storefront retailer who is not an employee, officer, agent, or representative of the non-storefront retailer must sign in and wear a "visitor" identification badge at all times while on the premises.

11.

Proof of the required state license and city-issued commercial cannabis business permit, and a copy of all requests/orders for deliveries being made, shall be carried at all times in vehicles being used to make deliveries on behalf of a non-storefront retailer, and shall be immediately available upon request from law enforcement officers.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

Commercial cannabis operations involving the distribution of cannabis and cannabis products in the city shall be subject to the general operating standards and restrictions set forth in Section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a distribution operation:

A.

Distribution may be conducted only by commercial cannabis operations possessing a valid and current Type 11 (Distributor) state license issued pursuant to Division 10 of the Business and Professions Code, or a Type 13 (Distributor—Transport Only) state license pursuant to 16 CCR §5315, as well as a city-issued commercial cannabis business permit.

B.

Distribution operations shall distribute cannabis and cannabis products only between licensed commercial cannabis operations.

C.

Distribution operations shall not conduct retail sales of cannabis or cannabis products.

D.

Distribution operations shall not distribute any cannabis or cannabis products to retail operations unless such cannabis or cannabis products has been properly tested and approved for retail sale pursuant to state law.

E.

Upon demand by any city law enforcement officer, a distributor shall make immediately available copies of any required shipping manifests as understood by Section 26070(f) of the Business and Professions Code.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

Commercial cannabis operations involving the manufacturing of cannabis and cannabis products in the city shall be subject to the general operating standards and restrictions set forth in Section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a manufacturing operation:

A.

Manufacturing may be conducted only by commercial cannabis operations possessing a valid and current manufacturing state license issued pursuant to Division 10 of the Business and Professions Code (or pursuant to state regulations) as well as a city-issued commercial cannabis business permit.

B.

Manufacturer 1 (Type 6) permittees (as defined by Division 10 of the Business and Professions Code) shall utilize only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.).

C.

Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements:

1.

The system uses only solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.)

2.

The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during the manufacturing process.

3.

A licensed engineer certifies that the system is commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs).

4.

The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified.

D.

Fire Safety Plan.

1.

Manufacturing operations shall not commence until written approval is received from the director for a completed fire safety plan for the operation.

2.

An application for a renewal of a commercial cannabis operation permit for manufacturing shall not be approved until an inspection of the site occurs by the director which affirms that both the operation remains in compliance with the approved fire safety plan (or an amended fire safety plan as determined by the director) and that any further actions that need to be taken in the determination of the director are taken to ensure that all applicable and necessary health and safety requirements are met.

E.

The premises shall be equipped with an automatic fire sprinkler system, in accordance with NPFA 13, the California Fire Code (including but not limited to Section 903), as adopted by the city, and this Code.

F.

Certified Industrial Hygienist (CIH).

1.

The permittee must provide for, maintain, and follow a detailed plan prepared by a CIH, and approved by the director, to ensure the appropriate health and safety procedures including, but not limited to, procedures necessary to control hazards, for use of proper protective equipment, product safety, compliance with Cal OSHA limits, to provide specifications for ventilation controls, and ensure environmental protections, are adopted and used by the operation on a continuing basis.

2.

The director may establish further written requirements for the plan, including but not limited to required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the director, the permittee shall be required to update or amend the approved plan to the satisfaction of the director.

G.

All processing and analytical testing devices used by the operation must be UL listed, or otherwise approved for the intended use by the director. Any processing devices using only non-pressurized water are exempt from such approval.

H.

All chemical waste and hazardous material used, generated or associated with the operation must be disposed of in a manner which is approved by the director before disposal occurs, and which is compliant with all local, state and federal guidelines for the disposal of hazardous materials.

I.

The permittee must provide for and maintain a waste treatment system which is approved by the director so as to prevent contamination in areas where cannabis or cannabis products may be exposed to waste or waste by-products.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

testing operating standards and restrictions.

Commercial cannabis operations involving the testing of cannabis and cannabis products in the city shall be subject to the general operating standards and restrictions set forth in Section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a testing operation:

A.

Testing may be conducted only by commercial cannabis operations possessing a valid and current Type 8 (Testing Laboratory) state license issued pursuant to Division 10 of the Business and Professions Code as well as a city-issued commercial cannabis business permit.

B.

Testing operations shall be and remain at all times independent from all other persons and entities involved in commercial cannabis operations other than testing operations.

C.

Fire Safety Plan.

1.

Testing operations shall not commence until written approval is received from the director for a completed fire safety plan for the operation.

2.

An application for a renewal of a commercial cannabis operation permit for testing shall not be approved until an inspection of the site occurs by the director which affirms that both the operation remains in compliance with the approved fire safety plan (or an amended fire safety plan as determined by the director) and that any further actions that need to be taken in the determination of the director are taken to ensure that all applicable and necessary health and safety requirements are met.

D.

The premises shall be equipped with an automatic fire sprinkler system, in accordance with NPFA 13, the California Fire Code (including but not limited to Section 903), as adopted by the city, and this Code.

E.

Certified Industrial Hygienist (CIH).

1.

The permittee must provide for, maintain, and follow a detailed plan prepared by a CIH, and approved by the director, to ensure the appropriate health and safety procedures including, but not limited to, procedures necessary to control hazards, for use of proper protective equipment, product safety, compliance with Cal OSHA limits, to provide specifications for ventilation controls, and ensure environmental protections, are adopted and used by the operation on a continuing basis.

2.

The director may establish further written requirements for the plan, including but not limited to required inspections by the CIH and a hazardous materials management plan. Upon reasonable determination by the director, the permittee shall be required to update or amend the approved plan to the satisfaction of the director.

F.

All processing and analytical testing devices used by the operation must be UL listed, or otherwise approved for the intended use by the director. Any processing devices using only non-pressurized water are exempt from such approval.

G.

Operation Requirements. The testing operation shall comply with the following requirements:

1.

Conduct all testing in a manner pursuant to Section 26100 of the Business and Professions Code, and as amended, subject to state and local laws and regulations.

2.

Conduct all testing in a manner consistent with general requirements for the competence of testing and calibration activities, including sampling using verified methods.

3.

Obtain and maintain ISO/IEC 17025 accreditation as required by the state.

4.

Destroy the remains of the sample of cannabis or cannabis products upon the completion of analysis as determined by the state through regulations.

5.

Dispose of any waste byproduct resulting from testing operations in the manner required by state and local laws and regulations.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

Commercial cannabis operations involving the cultivation of cannabis in the city shall be subject to the general operating standards and restrictions set forth in Section 18.49.150 and to the following minimum standards and restrictions, all of which shall be deemed conditions of any commercial cannabis business permit for a cultivation operation:

A.

Cultivation may be conducted only by commercial cannabis operations possessing a valid and current state license authorizing indoor or mixed-light (but not outdoor) cultivation issued pursuant to Division 10 of the Business and Professions Code (or state regulations), as well as a city-issued commercial cannabis business permit.

B.

Applications for a city-issued commercial cannabis business permit for cultivation operations require a detailed description of the proposed operation's energy and water usage plan, providing for best practices and leading industry practices in efficient utilization of energy and water.

C.

Water.

1.

The water supply shall be sufficient for the operations intended, shall comply with all state regulations, and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable, and adequate supply of water to meet the facility's needs.

2.

Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the plant and that shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines.

D.

Cannabis cultivation shall take place inside fully enclosed structures, and cannabis cultivation areas shall be secured at all times and shall be separated from all other portions of the premises.

E.

Each building with a cultivation area shall have adequate storage space for cannabis that has completed the cultivation process or is otherwise not being cultivated. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to employees of the permittee.

F.

Electricity used for cannabis cultivation shall not exceed the rated wattage and capacity of the circuit breaker.

G.

Sufficient lighting must be used in all areas where cannabis is cultivated and stored, and where equipment or utensils are cleaned, so that at all times the items and activities in these areas are fully visible to both any security cameras covering the areas as well as the naked eye. All lighting shall be shielded so as to completely confine light and glare to the interior of the cannabis cultivation area.

H.

Floors, walls, and ceilings in cultivation areas shall be constructed in such a manner that they may be adequately cleaned and kept clean and kept in good repair.

I.

All chemical waste and hazardous material used, generated or associated with the operation must be disposed of in a manner which is approved by the director before disposal occurs, and which is compliant with all local, state and federal guidelines for the disposal of hazardous materials.

J.

The permittee must provide for and maintain a waste treatment system which is approved by the director so as to prevent contamination in areas where cannabis or cannabis products may be exposed to waste or waste by-products.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

An application fee set by resolution of the city council shall be required for formal processing of every application made under this chapter. The city council is authorized to adopt resolutions to recover any and all fees and costs incurred in the administration and enforcement of this chapter through an appropriate fee recovery mechanism to be imposed upon commercial cannabis operations.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

The director is authorized to suspend and/or revoke any commercial cannabis business permit issued pursuant to this chapter upon the determination through written findings of a failure to comply with any provision of this chapter, any permit condition, or any agreement or covenant as required pursuant to this chapter.

B.

Prior to suspension or revocation of a commercial cannabis business permit, the permittee shall be provided with a written notice which details the violation(s). The permittee shall have seven days to cure the violation to the satisfaction of the director. The seven-day cure period may be extended by the director or the city council for reasonable cause.

C.

The director may suspend or revoke a commercial cannabis business permit if he or she determines that any of the following have occurred:

1.

The director determines that the permit holder has failed to comply with any provision of this chapter, any permit condition, or any agreement or covenant as required pursuant to this chapter;

2.

The permit holder's equivalent state license has been suspended or revoked by the State of California;

3.

The permit holder has ceased operations for more than 180 calendar days (including during any change of ownership, if applicable);

4.

Ownership is changed without securing a new commercial cannabis business permit;

5.

The permit holder has failed to maintain required security camera recordings; or

6.

The permit holder has failed to allow inspection of the security recordings, the activity logs, the records, or the premises of the site by authorized city officials pursuant to this chapter.

7.

The permit holder has failed to comply with the terms of an applicable development agreement.

D.

Conditions (if any) of suspension or revocation are at the discretion of the director and may include, but are not limited to, a prohibition on all owners, operators, managers and employees of the suspended or revoked commercial cannabis operation from operating within the city for a period of time set forth in writing and/or a requirement (when operations may resume, if at all, pursuant to the director's determination) for the holder of the suspended or revoked permit to resubmit an application for a commercial cannabis business permit pursuant to the requirements of this chapter.

E.

Decisions of the director made pursuant to this section may be appealed to the city council by filing a notice of appeal with the city clerk within ten days of receiving notice of the permit suspension or revocation. The notice of appeal shall specify the grounds for the appeal. The council shall fix a time and place for hearing the appeal, and the city clerk shall give written notice to the appellant of the time and place of the hearing via certified mail, return receipt requested, addressed to the address specified in the appellant's permit. The appeal shall be heard by the city council within 45 days following the date the appeal is filed with the city clerk. The findings and decision of the council shall be final and conclusive, and shall be served upon the applicant, in the manner prescribed in this subsection for service of notice of hearing, within 30 days of the hearing date. The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any final determination.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

The following regulations shall apply to the cultivation of cannabis for personal use within the city:

A.

Total cultivation is limited to no more than six living cannabis plants per private residence at any one time.

B.

Only persons who are 21 years of age or older may participate in any part of the cultivation process.

C.

Cultivation shall not take place at any place other than private residences.

D.

Persons who cultivate cannabis for personal use shall reside full-time on the premises where the cannabis cultivation occurs.

E.

None of the cannabis plants, nor any cannabis produced by the plants in excess of 28.5 grams, shall be visible by normal unaided vision from any place regularly accessible to the general public.

F.

All cannabis produced by cannabis plants in excess of 28.5 grams shall be kept in a fully enclosed and locked structure located on the residential premises of the person(s) cultivating the cannabis.

G.

Structures in which cannabis is cultivated shall comply with all applicable state and local health, safety, buildings and fire standards, including but not limited to the California Buildings Standards Code, as adopted by the City of Suisun City.

H.

Use of gasses (such as carbon dioxide, butane, propane and natural gas) for personal cannabis cultivation is prohibited.

I.

Private residences used for cannabis cultivation (whether such cultivation occurs within the main residence or an accessory structure) shall maintain fully functional kitchen, bathroom and bedroom facilities, and shall not be used primarily or exclusively for cannabis cultivation.

J.

Cannabis cultivation areas shall be locked when not in use by authorized persons.

K.

Cannabis cultivation areas shall not be readily accessible to persons under 21 years of age, regardless of whether such persons reside at the private residence used for cultivation.

L.

If the person(s) engaging in cannabis cultivation are not the property owners of the private residence being used for cultivation, such person(s) must obtain express consent of the property owner(s) prior to engaging in cannabis cultivation.

M.

The odor resulting from cannabis cultivation shall not be detectable by human senses from any neighboring property or public right-of-way. If deemed necessary by the director to ensure that no odor resulting from cannabis cultivation shall be detectable by human senses from any neighboring property or public right-of-way, a personal cannabis cultivator shall install and continuously operate a functioning ventilation and filtration system which complies with all applicable building code regulations, including obtaining all required permits and approvals.

N.

Cannabis cultivation shall not result in emission of dust, glare, heat, gases, smoke, odors, fumes, particles, hazardous waste, or other impacts which constitute a nuisance or adversely affect the health, safety or welfare of any occupants of the subject property or of the surrounding area.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

Further rules, regulations, procedures and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance of the city council, by the director (pursuant to authorization by resolution of the city council), or as further provided by this chapter.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Any violation of the provisions of this chapter is punishable as a misdemeanor or an infraction, at the discretion of the city prosecutor, pursuant to Chapter 1.08 of this Code.

B.

Any violation of the provisions of this chapter is grounds for issuance of an administrative compliance order pursuant to Chapter 1.16 of this Code and/or issuance of an administrative citation pursuant to Chapter 1.20 of this Code.

C.

Any violation of this chapter constitutes a public nuisance which may be abated in accordance with the procedures set forth in Chapter 8.12 of this Code. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.

D.

The remedies prescribed in this chapter are cumulative of one another and of any other legal or equitable remedies which are or may be available to the city to enforce the provisions of this chapter. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing this chapter.

E.

Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

A.

Any commercial cannabis operation in violation of the MAUCRSA, this chapter, or any other applicable state or local law or regulation is expressly prohibited.

B.

It is unlawful for any commercial cannabis operation in the city, or any agent, employee, or representative of such commercial cannabis operation, to permit any breach of peace or any disturbance of public order or decorum by any tumultuous, riotous, or disorderly conduct at the site of the commercial cannabis operation.

C.

It is unlawful for any cannabis or cannabis products originally produced for personal use, pursuant to Section 18.49.230, to be sold in any manner.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

No use which purports to have engaged in a commercial cannabis activity of any nature prior to the enactment of this chapter shall be deemed to have been a legally established use under the provisions of this Code, or any other local ordinance, rule or regulation, and such use shall not be entitled to claim legal nonconforming status.

(Ord. No. 768, §§ 2, 3, 3-17-2020)

The purpose of this chapter is to support employment that may occur within a residential dwelling, but is secondary to the residential uses of the dwelling.

(Ord. No. 743, § 3, 3-21-2017)

Home occupations may occur in the RL, RM, and RH zoning districts or within dwelling units in the RMU or CMU zoning districts.

(Ord. No. 743, § 3, 3-21-2017)

A.

A business license shall be granted where the conduct and operation of the proposed business meets all of the following conditions:

B.

The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;

C.

The use is conducted entirely within a dwelling and the business is owned by the inhabitants thereof;

D.

No mechanical equipment shall be installed or maintained other than such that is customarily incidental to domestic use;

E.

The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district;

F.

The use creates no substantial additional traffic and requires no additional parking space(s);

G.

Employment shall be confined to the residents of the dwelling unit except that one employee who is not a resident may be allowed by the planning commission provided the following conditions are met:

1.

The employee works under the direction of the resident of the dwelling and is not an independent or separate business enterprise;

2.

The employee is necessary to the performance of the home occupation;

3.

Employment would be during the hours of 7:00 a.m. to 6:00 p.m.;

4.

The allowance of an employee would not create on-street parking problems in the neighborhood;

5.

Under normal circumstances, the average residential neighbor would not be adversely affected by the home occupation.

(Ord. No. 743, § 3, 3-21-2017)

The following uses are considered permitted home occupations provided the tests listed in Section 18.50.030 are met:

A.

In-home sales, such as Tupperware, Avon, Fuller Brush and the like, provided there is no stock in trade kept at the licensed address;

B.

Contractors, provided no equipment of any kind is kept at the licensed address;

C.

Mail order services where no stock in trade is kept on the premises;

D.

Music lessons, tutoring and the like;

E.

Artist studios;

F.

Janitorial services;

G.

Laundry and mending services;

H.

Other uses not described herein that meet all tests listed in 18.50.030(C).

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

Appeal procedures, as provided in Chapter 18.84, "Appeals" are applicable when either of the following conditions exist:

A.

There is a written complaint about the conduct of a business for which a permit has been granted;

B.

The applicant for a business license is not satisfied with the decision rendered by the development services director.

(Ord. No. 743, § 3, 3-21-2017)

The development services director may refer to any request for a business license in a residential zoning district to the planning commission for their consideration and decision when in the opinion of the development services director there is doubt that the proposed use or business can be conducted and still meet all of the tests required in Section 18.50.030.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

The purpose of this chapter is to provide flexibility of use by fostering the development of units that include both work and living space, with the work space as the primary use and the living space as the secondary use.

(Ord. No. 743, § 3, 3-21-2017)

This chapter is applicable to the RM, RH, RMU, CMU, and CSF districts, where live-work units are permitted. Live-work units are suitable for a variety of established and new commercial and residential areas, and may be located within existing or new buildings.

(Ord. No. 743, § 3, 3-21-2017)

A.

Live-work units must be primarily designed such that the residential function of the building is secondary to the commercial-business establishment.

B.

The exterior design of live-work units must be compatible with the exterior design of the commercial or residential buildings in the immediate locale.

C.

Living space must include, at a minimum, cooking space, a bathroom, and dedicated sleeping space.

D.

Live-work units located at the ground floor level in the CMU zone must include the work space at the ground floor level.

E.

Live-work units that are intended to accommodate employees should be designed with separated work and living space (so-called "live near" arrangements).

F.

Where the live-work units is a "hazardous occupancy" in which hazardous materials and/or procedures are part of the production process (e.g., welding or wood shop equipment) open, studio style live-work units are not permitted, and work and living spaces must be separated by walls.

(Ord. No. 743, § 3, 3-21-2017)

At least one resident in each live-work unit shall maintain a valid city business license.

(Ord. No. 743, § 3, 3-21-2017)

A.

Persons who do not reside in the live-work unit may work there, provided that required parking is established. (See Chapter 18.42, "Parking and Loading Areas")

B.

The maximum number of employees who may work at the live-work unit but who do not reside there is two.

C.

Client and customer visits to live-work units are permitted if the following are met:

1.

Parking requirements for a commercial establishment of the type associated with the use of the unit. On-street parking may be considered by the development services director if the applicant can demonstrate that this is available.

2.

ADA accessibility requirements.

(Ord. No. 743, § 3, 3-21-2017)

A.

A live-work unit is not divisible, and no portion of a live-work unit may be rented or sold as separate commercial space or living space.

B.

No live-work unit, or a portion of a live-work unit, may be rented or sold to persons who do not live or work on the premises.

(Ord. No. 743, § 3, 3-21-2017)

A.

Residential units may be changed to live-work units in the RH and RMU zones, subject to administrative review, provided that the requirements in Sections 18.30.100(D) and 18.30.100(E) are met.

B.

Live-work units in the CMU and CSF zones may be changed to exclusively commercial uses, subject to administrative review, provided that all requirements for a commercial use in that zone are met.

C.

Live-work units in the RMU zone may be changed to exclusively residential uses, subject to administrative review, provided that all requirements for a residential use in that zone are met.

(Ord. No. 743, § 3, 3-21-2017)

The purpose of this chapter is to provide specific regulations for the establishment of new manufactured homes, mobile homes, and commercial coaches in subdivisions or on residential lots.

(Ord. No. 743, § 3, 3-21-2017)

"Manufactured home." A single-family, factory-constructed dwelling built on or after June 15, 1976, in compliance with the standards of the U.S. Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec 5401 et seq.). The manufactured home must be eight feet or more in width, 40 feet or more in length, for a total of 320 square feet minimum, and is built on a permanent chassis, with or without a foundation system.

"Mobile home (or mobilehome)." A factory-constructed structure designed as a dwelling and for being moved on a street or highway under permit pursuant to Section 35790 of the CA Vehicle Code. Mobilehome, as defined in Section 18007 of the Health and Safety Code, means a single-family factory-constructed dwelling built prior to June 15, 1976. The mobile home must be eight feet or more in width, 40 feet or more in length, for a total of 320 square feet minimum, and is built on a permanent chassis, with or without a foundation system. A mobile home does not include a recreational vehicle.

"Mobilehome park." An area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobile homes for human habitation.

(Ord. No. 743, § 3, 3-21-2017)

A.

A manufactured home or mobile home may be installed on a foundation system as a fixture or improvement to real property, pursuant to this chapter, if it is not currently located, but eligible to be located on private property in a subdivision or on a parcel of land.

B.

A subdivision or parcel of land is eligible under this chapter if it is located:

1.

In the residential zones of the city (RL, RM, RH, RMU);

2.

Has been approved under the provisions of Title 17, Subdivisions;

3.

Is consistent with the provisions of California Administrative Code, Title 25, Chapter 2, Mobile Home Parks Act, updated February 18, 2011.

(Ord. No. 743, § 3, 3-21-2017)

Upon installation in a subdivision or on a lot, the manufactured home or mobile home shall:

A.

Be occupied only as a residential use type;

B.

Be subject to all provisions of this title applicable to residential structures;

C.

Be attached to a permanent foundation system in compliance with all applicable building regulations;

D.

Have a minimum width of 20 feet;

E.

Be covered with an exterior material customarily used on conventional dwellings. The exterior covering material shall extend to an approved wood/earth separation device on the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material used need not extend below the top of the foundation;

F.

Have a roof with a pitch of not less than three-inch vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the planning commission.

G.

No manufactured housing unit constructed more than ten years prior to the date of application for installation shall be allowed within any residential district.

(Ord. No. 743, § 3, 3-21-2017)

Manufactured housing dwelling units are allowed in all residential districts within the waterfront district specific plan, subject to the residential design guidelines and development standards that are universally applied within the applicable zoning district that specific plan area.

(Ord. No. 743, § 3, 3-21-2017)

Upon completion of the approval of a mobile home subdivision or parcel, building permits shall be issued in accordance with applicable city building codes. Issuance of the building permits shall require that applicant:

A.

Comply with all the conditions of the subdivision approval;

B.

Pay all fees applicable to the construction of a conventional residential structure where they are different from those of a mobile home in a mobile home park;

C.

Comply with all requirements of the CA Health and Safety Code, Part 2.1, Mobilehome Parks Act, Section 18551, Regulations for foundation systems;

D.

Obtain manufactured home, mobilehome, or commercial coach manufacturer's instructions, or obtain plans and specifications signed by a California licensed architect or engineer covering the installation of same.

E.

Obtain plan approval of the foundation system.

F.

Once installed on a foundation system, a manufactured home, mobile home, or commercial coach shall be subject Section 18020 of the California Health and Safety Code.

(Ord. No. 743, § 3, 3-21-2017)

A.

Prior to occupancy the owner shall request a certification from the City that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, for an existing mobile home any license plate, certificate of ownership and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies via the city.

(Ord. No. 743, § 3, 3-21-2017)

Mobile homes placed on a permanent foundation in compliance with all regulations become exempt from vehicle license fees and become subject to property tax laws.

(Ord. No. 743, § 3, 3-21-2017)

The purpose of this chapter is to allow for the provision of food and beverages from mobile vending carts and mobile food trucks, while also ensuring public health and safety through appropriate sanitation, parking, and operation.

(Ord. No. 743, § 3, 3-21-2017)

This chapter is applicable in all zoning districts in the city, and all mobile food vendors shall conform to the applicable provisions. Where these regulations are silent, the county regulations shall apply (for example, as regards food sanitation). Mobile food vendors may include mobile food and beverage carts (e.g., hot dog or espresso carts) or mobile food trucks that serve ready-made foods (e.g., cold trucks or hot trucks).

(Ord. No. 743, § 3, 3-21-2017)

"Cold truck." A mobile food truck that sells pre-packaged food, such as cold sandwiches and drinks (e.g., industrial catering vehicle).

"Commissary." A wholesale supermarket where mobile food truck drivers purchase food in bulk.

"Fleet operator." A person who owns more than one truck and leases these trucks and/or hires individuals to drive them.

"Hot truck." A mobile food truck that sells hot prepared food such as hamburgers, burritos, or tacos.

"Mobile food cart." A mobile food cart facilitates the selling of street food to pedestrians. A food cart may be towed or pushed by a vehicle or towed or pushed by a person (a hand-cart).

(Ord. No. 743, § 3, 3-21-2017)

A.

Mobile food vendors must apply for a business license through the city administrative services department and pay all applicable licensing fees. The license must be conspicuously displayed on the vehicle.

B.

Mobile food carts and trucks and any appurtenances thereto must meet the health and safety standards found in California Health and Safety Code, Sections 113700 et seq. These standards are administered and monitored by the county department of resource management, environmental health services division. A valid health permit must be acquired from the county department of resource management, environmental health services division and displayed on the mobile food cart or truck.

C.

Mobile food trucks must be registered with the state department of motor vehicles. Drivers must maintain a valid California driver's license.

D.

Mobile food carts and mobile food trucks may apply for a special event food vendor permit through the county.

(Ord. No. 743, § 3, 3-21-2017)

Hours of operation must be between 8:00 a.m. and 10:00 p.m., except during special events, which are permitted separately and may have hours associated with the event. Hours of operation should be consistent with the type of product sold, seasonal constraints (e.g., ice cream during warmer months), and the location of the vehicle (e.g., in a commercial area that closes at 5:00 p.m.).

(Ord. No. 743, § 3, 3-21-2017)

A.

Mobile food vendors must obtain a city permit that identifies location(s) of operation. The permit may specify a single location, multiple locations, or in the case of mobile food trucks, areas of operation.

B.

Service parking for mobile food carts may be at a pre-approved public venue (such as a park, waterfront, or downtown plaza) or at a private location (such as a medical facility, or pedestrian plaza at an office, mall or large commercial establishment).

C.

If parked in a pedestrian right-of-way, mobile food carts must keep a minimum five feet of clear space for pedestrian passage.

D.

Service parking for mobile food trucks may be at a pre-approved public or private venue where the vehicle does not obstruct pedestrian or vehicular traffic (such as parking lots near sports fields, commercial centers, and parks) or at a private venue (a factory parking lot or mall).

E.

For multiple vehicles, overnight parking must be at a commissary, restaurant, fleet yard, or other approved location. Overnight parking may not be on a public street, unless it is a single mobile food cart or truck located at the vendor's residence.

(Ord. No. 743, § 3, 3-21-2017)

A.

When traveling on a public roadway, mobile food vendors shall observe and obey all traffic regulations and parking restrictions.

B.

When stopped on a public roadway, mobile food trucks may not block, impede traffic or motorist sight distance.

C.

Mobile food trucks must dispense food from the sidewalk side of the vehicle (not the street side).

(Ord. No. 743, § 3, 3-21-2017)

A.

An approved restroom with hand washing facilities are to be located within 200 feet of the mobile food truck or food cart, if the cart or vehicle is parked in a single location for over an hour. The restroom must be readily available for use by the operator. Hand washing facilities must include a clean and reliable supply of hot and cold water, soap dispensers, and towel dispensers. Approved restroom facilities may also be located on the mobile food truck.

B.

Liquid waste from the mobile food cart or mobile food truck shall be disposed of at a commissary, restaurant, or other approved facility. Waste shall not be disposed of in the sanitary sewer/storm drainage, or in public waste receptacles, such as those intended for pedestrians.

C.

Mobile food trucks and food carts must provide an external trash receptacle available for customer use. Trash from customers shall be removed and disposed of daily at the commissary, restaurant, or fleet center.

(Ord. No. 743, § 3, 3-21-2017)

Refer to the county mobile food vendor regulations regarding food operations and sanitation.

(Ord. No. 743, § 3, 3-21-2017)

This chapter defines where and in what manner mobile living units may be used for living and sleeping purposes or prohibited from such uses.

(Ord. No. 743, § 3, 3-21-2017)

The chapter applies to mobile living units operating within any zoning district in the city, regardless of whether the unit is located on public or private property, and whether the use is personal or commercial in nature.

(Ord. No. 743, § 3, 3-21-2017)

"Commercial coach (or commercial modular)." A structure transported in one or more sections designed and equipped for human occupancy for industrial, professional, or commercial purposes.

"Mobile living unit." Includes recreational vehicle, commercial coach, truck camper, travel trailer, park trailer, camp trailer or floating home, as defined in Section 18010 of the California Health and Safety Code (recreational vehicle as also defined in Section 799.29 of the 2011 Mobilehome Residency Law) or any other vehicle or structure designed or altered and that is designed for human habitation for recreational, emergency, or other occupancy; contains less than 400 square feet or less of gross area, and less than 320 square feet of living area, is built on a single chassis, and is self-propelled, truck-mounted, or permanently towable.

(Ord. No. 743, § 3, 3-21-2017)

It is unlawful for any person to occupy, for living or sleeping purposes, any mobile living unit upon any street, alley, road, highway, public parking lot, or upon any other parcel of publicly or privately owned real property, except as provided in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

This chapter shall not apply to or prohibit the occupancy of mobile living units for living or sleeping purposes at the following times or places:

A.

While the mobile living unit is in motion upon a street, road, highway or alley;

B.

While the mobile living unit is parked in a lawfully established and licensed mobile home park (as defined by Chapter 2.5, Article 1, Section 798.4 of the 2011 Mobilehome Residency Law, California Civil Code), recreational vehicle park (as defined by Section 18862.39 of the California Health and Safety Code) or labor camp (subject to Title 8, Section 3350 of the California Labor Code), or in other public or private facilities which are designed, equipped and licensed by the city to accommodate mobile living units and which provide for temporary or permanent utility connections to such mobile living unit;

C.

While the mobile living unit is parked on private property, and not on a public street, parking lot, or right-of-way, at the invitation of the person owning or having the right to possess the private property and:

1.

The mobile living unit is not connected to any utility or sewer or wastewater facilities other than a temporary electrical connection installed and connected to the mobile living unit in compliance with all applicable laws and ordinances of the city,

2.

The owner or persons having the right of possession of the private property upon which the mobile living unit is parked received no direct or indirect payment, gratuity or remuneration of any kind from the owner of or occupant of the mobile living unit for allowing the same to be parked upon said private property,

3.

The invited mobile living unit (the guest) is not parked on the same private property for more than seven days in any 12-month period,

4.

The occupants of the mobile living unit do not discharge any litter, sewage or wastewater, effluent, garbage or other matter out of or from the mobile living unit while so parked except into public or private facilities intended for the disposal of such material, and

5.

The mobile living unit is completely self-contained so far as utilities are concerned including disposal of wastewater and sewage.

(Ord. No. 743, § 3, 3-21-2017)

Nothing in this chapter shall be deemed to prohibit an owner or occupants of a mobile living unit from parking the same upon property owned by him or her of which he or she has the right of possession as long as the mobile living unit is not used for living or sleeping purposes or in violation of any other provisions of this chapter.

(Ord. No. 743, § 3, 3-21-2017)

Violation of any of the provisions of this chapter shall constitute an infraction

(Ord. No. 743, § 3, 3-21-2017)

Any occupancy or use of a mobile living unit and the mobile living unit itself, parked or occupied in violation of the provisions of this chapter shall be and the same is declared unlawful and a public nuisance. The city may initiate any necessary proceeding for the abatement, removal and prohibition of use thereof in the manner provided by law and may take all steps available to it to accomplish such ends, and may apply to a court of competent jurisdiction for granting such relief that will remove and abate that mobile living unit upon a site or place or in a manner contrary to the provisions of this chapter. The remedies prescribed in this chapter are cumulative and nonexclusive.

(Ord. No. 743, § 3, 3-21-2017)

The purpose of this chapter is to allow for the keeping of animals in residential neighborhoods for private use and enjoyment. Pets and animals may be kept in residential districts as defined in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

This chapter applies to pets and poultry that may be reasonably accommodated in a residential neighborhood under the stipulations of this chapter. It does not apply to the commercial animal husbandry and sale.

(Ord. No. 743, § 3, 3-21-2017)

"Dangerous pets." Animals that under ordinary circumstances would pose a menace or public nuisance if not confined to a cage or pen.

"Pets." Animals kept for interest or companionship rather than for food or for the production of food products.

"Poultry." Domesticated fowl (chickens, guinea fowl, pea hens, etc.) which are not to exceed ten pounds at maturity.

(Ord. No. 743, § 3, 3-21-2017)

A.

Pets may be kept in the RL, RM, RH and RMU districts.

B.

No dangerous pets may be kept in residential districts unless such animals are kept securely locked in pens, cages, or other positive restraints.

C.

All premises where pets are allowed must be kept in a clean and sanitary condition.

D.

Numbers of adult pets are to be limited to those shown in the following table. Professional breeding stock may be kept in excess of these numbers, subject to a CUP and in compliance with County Code Chapter 4, Animal and Fowl, and Government Code section 25800-25803.

E.

Manure shall be removed in a regular and reasonable manner or otherwise composted or spread in such a manner as to protect surface and groundwater, minimize the breeding of flies, and to control odors. Manure shall not be buried.

(Ord. No. 743, § 3, 3-21-2017)

A.

Poultry are permitted in the RL district only, and then only subject to the restrictions of this chapter.

B.

Poultry shall consist of hens only. Roosters are not permitted in any residential district.

C.

Poultry are to be limited to a maximum of three adults on a single residential property.

D.

Poultry shall be confined to an enclosed cage, coop, or pen. The boundaries of poultry enclosures must have adequate space depending on species.

E.

Poultry shall not be slaughtered on any residential property.

F.

All poultry shall be registered with Solano County Animal Licensing.

(Ord. No. 743, § 3, 3-21-2017)

The purpose of this chapter is to promote the installation and use of solar energy technologies so as to maximize performance and efficiency and minimize visual intrusions on the surrounding built and natural environment.

(Ord. No. 743, § 3, 3-21-2017)

This chapter applies to all zoning districts in the city except open space (OS). Solar technologies may be installed in a designated historic district subject to administrative review by the development services director to ensure that the installation does not alter the character-defining features of historic resource values. Unless otherwise noted, the stipulations specified in this chapter apply within all relevant zoning districts.

(Ord. No. 743, § 3, 3-21-2017)

"Building integrated technology." Building integrated technologies are those that are designed to be part of structural components. Building integrated solar technologies include solar roofing shingles and tiles, PV laminates that can be installed on metal roofing, and building integrated solar thermal systems.

"Photovoltaic cell." Constructed of a silicon wafer, the PV cell is the smallest structural component of a photovoltaic module. A PV cell is designed to collect solar energy and transmit it as electricity.

"Photovoltaic panel." A group of photovoltaic cells. Photovoltaic panels can be square, rectangular, triangular, or custom shapes.

"Photovoltaic array." A group of linked photovoltaic panels.

"Photovoltaic (PV) systems." Photovoltaic systems collect radiant solar energy by means of a variety of technologies, including crystalline silicon (within PV cells) and amorphous silicon (within flexible films). PV systems can be mounted on the ground, on buildings, and can be integrated into the building (see building integrated technology above).

"Solar thermal system." Solar thermal systems use solar energy to heat air or water for space heating or hot water use.

(Ord. No. 743, § 3, 3-21-2017)

A.

To maximize the effective collection of solar energy, install solar panels or tanks for solar thermal installations in a south-facing location. On buildings where a south-facing location is unavailable, panels may be mounted to face in the single best available southerly facing direction on an arc between east and west.

B.

Based on the city's latitude, fixed-angle solar panels should be mounted at a 31—32 degree angle to horizontal for greatest efficiency.

C.

Locate solar installations so as to minimize shading from nearby trees and buildings, and sections of the roof on which the solar panels are installed.

(Ord. No. 743, § 3, 3-21-2017)

A.

Mount solar panels so as to minimize their visibility from the public right-of-way. Where suitable, the visibility of solar PV panels or solar thermal tanks may be reduced by installing them in one or more of the following locations:

1.

At or toward the rear of the building, away from the public street or walkway;

2.

On a flat roof;

3.

Behind a roof parapet that can screen the panel; and

4.

On an accessory building.

These techniques can be combined to minimize the visibility of roof-mounted solar installations.

B.

Use building-integrated solar systems, where appropriate, to incorporate efficient solar systems, while also minimizing the appearance of solar installations.

(Ord. No. 743, § 3, 3-21-2017)

A.

To minimize the visibility of panels and create an aesthetically pleasing appearance, organize the panels on the roof to create simple, regularly shaped groups. Avoid breaking the panels into multiple groups or sections, where possible.

B.

Match panel arrays to the lines, slope, and proportion of the roof. Use the panels to cover the roof face, where possible.

C.

Apply the panels where there are minimal or no obstructions from mechanical equipment or skylights, or have the panels cut into custom shapes (such as triangular panels).

(Ord. No. 743, § 3, 3-21-2017)

A.

Install system conduits and pipes in inconspicuous locations.

B.

Select a mounting frame color that is complementary to the roof and building colors.

C.

Avoid glare by selecting frames and panels with non-reflective surfaces.

D.

Install panels so that the angle of installation is oriented away from neighboring windows and highly visible areas.

(Ord. No. 743, § 3, 3-21-2017)

A.

Solar panels and tanks for solar thermal systems must be mounted at a distance of no more than ten inches from the roof surface.

(Ord. No. 743, § 3, 3-21-2017)

A.

Solar technologies may be installed on non-historic buildings in a historic district in accordance with this section, which seek to maximize the performance of solar installations while also minimizing the visibility of solar installations from the public right-of-way.

B.

Solar installations may be installed on historic buildings where they do not alter the character-defining features of the building. Solar installations on historic buildings may include:

1.

PV panels located on an area of a pitched roof, or on a flat roof, or behind a roof parapet, that is not visible from the public right-of-way and does not structurally alter the historic building, and/or

2.

Use of building integrated solar technologies that are selected and installed in a manner consistent with the visual character of the historic building (for example, solar tiles on a building that historically included the use of tiles as a roofing material).

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

A.

Apply the same measures identified in Section 18.60.040 for high performance of ground-mounted solar panels.

B.

To create a visually uniform appearance, install solar panels in organized, regularly patterned arrays.

C.

Avoid the use of racks and minimize the visibility of mounting frames by installing ground-mounted solar panels close to the ground.

D.

Screen solar arrays from the public right-of-way with landscaping or fencing in a manner that does not shade the solar panels.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

The purpose of this chapter is to provide for the regulation of safe and efficient small wind energy facilities intended to produce electricity for on-site consumption, and reduce visual and auditory intrusions.

(Ord. No. 743, § 3, 3-21-2017)

This chapter applies to all zones except OS, where the requirements of this chapter for property size can be met. The wind energy systems may be ground-mounted (tower) or building integrated systems.

See Section 18.60.30 for other definitions.

"Building integrated wind systems." Wind systems that are designed for installation on a building.

"Small wind energy system." A small wind energy system means a wind energy conversion system including a wind turbine, a tower, and control or conversion electronics that:

A.

Per Government Code 65894, has a rated capacity of not more than 50 kilowatts;

B.

Is incidental to the primary use of the property; and

C.

Is intended to provide electricity primarily (but not necessarily solely) for on-site use.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

A.

Certification. The system shall use a wind turbine that has been approved by the energy commission as qualifying under its emerging renewables program pursuant to Section 25744 of the Public Resources Code or has been certified by a national program recognized and approved by the commission.

B.

Aviation Compliance. The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the California Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).

C.

Property Size. Ground-mounted tower systems shall not be installed on lots smaller than one acre in size.

D.

Tower Height. The height of the tower may not exceed 80 feet on properties between one and five acres in size. Tower height may not exceed 100 feet in height on properties over five acres in size. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system.

E.

Aviation Compliance. Small wind energy systems must comply with all applicable air traffic safety regulations.

F.

Lighting. No lighting is permitted, except that which is necessary to comply with federal, state, and local air traffic safety regulations.

G.

Setback. No part of the wind system structure, including guy wires, may extend closer than one and one-tenth times the height of the tower to the property line of the installation site in all zones except residential, where the system may not be closer than one and one-half times the height of the tower.

H.

Location. No ground-mounted wind energy system shall be installed in the front yard.

I.

Maximum Number of Wind Energy Systems. No more than five disperse wind energy systems may be installed on a lot, provided the minimum lot size has been met.

J.

Approved Wind Turbines. Permitted turbines shall have been certified under the emerging technologies program of the California Energy Commission or other small wind certification program recognized by the American Wind Energy Association.

K.

Signs. No signage shall be affixed to the wind energy system except to warning and informational signage affixed to the base of the tower.

L.

Fencing. The tower shall be secured by a wall, fence, or other appurtenance or structure within the first 12 feet to prevent climbing.

M.

The system shall not substantially obstruct views of parks, open space, and other scenic vistas of adjacent property owners.

(Ord. No. 743, § 3, 3-21-2017)

An application for installation of a building integrated wind system must include, at a minimum:

A.

Certification by a structural engineer that the proposed structure is adequate to support the proposed wind energy system, including wind load and vibration.

B.

Elevations of the building with the proposed system installed.

C.

Schematic details showing how the system will be anchored to the building.

D.

Specifications for the wind turbine, electrical system, and all related components.

(Ord. No. 743, § 3, 3-21-2017)

Electrical power is primarily for use on-site. Sale of excess energy to a utility company must be arranged prior to the approval of the conditional use permit.

(Ord. No. 743, § 3, 3-21-2017)

Audible noise from a small wind energy facility shall not exceed 35 dBA. Decibel levels for the system shall not exceed the lesser of 60 decibels (dBA), or any existing maximum noise levels applied pursuant to the noise element of a general plan for the applicable zoning classification in a jurisdiction or applicable noise regulations, as measured at the nearest property line, except during short-term events, such as utility outages and severe windstorms.

(Ord. No. 743, § 3, 3-21-2017)

A.

Notice of an application for installation of a small wind energy system shall be provided to property owners within 300 feet of the property on which the system is to be located, or the city may require the applicant to provide notice by placing a display advertisement of at least one-eighth of a page in at least one newspaper of general circulation.

B.

The application shall include standard drawings and an engineering analysis of the system's tower, showing compliance with the current version of the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. A wet stamp, however, shall not be required if the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot

C.

The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

D.

The applicant shall provide evidence that they have informed the electric utility service provider that serves the proposed site of the applicant's intent to install a customer-owned electricity generator.

E.

If the application to install a small wind energy system is for a site that is within 1,000 feet of special use airspace associated with Travis Air Force Base (AFB), Travis AFB shall be given the opportunity to provide written comments regarding the application and the city shall consider those comments before acting on the application.

(Ord. No. 743, § 3, 3-21-2017)

A small wind energy system shall not be allowed where otherwise prohibited by any of the following:

A.

A comprehensive land use plan and any implementing regulations adopted by an airport land use commission pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Division 9 of Part 1 of the Public Utilities Code.

B.

The terms of a conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Division 2 of Part 2 of the Civil Code.

C.

The terms of an open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Division 1 of Title 5).

D.

The terms of an agricultural conservation easement entered into pursuant to the California Farmland Conservancy Program Act (Division 10.2 (commencing with Section 10200) of the Public Resources Code).

E.

The terms of a contract entered into pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5).

F.

The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources pursuant to Section 5024.1 of the Public Resources Code.

(Ord. No. 743, § 3, 3-21-2017)

The city may require that a small wind energy system be removed by the owner/operator if it remains inoperable for 12 consecutive months.

(Ord. No. 743, § 3, 3-21-2017)

The purpose of this chapter is to allow for the provision of outdoor café seating areas ancillary to established restaurants, café, coffee shops, and similar eating and drinking establishments.

(Ord. No. 743, § 3, 3-21-2017)

Sidewalk cafés may be established within any designated commercial zone, including commercial mixed use, and within the residential mixed use zone, provided that all relevant stipulations of this chapter can be met. The sidewalk café area must be located adjacent to the restaurant and may be located along a street, within a pedestrian mall or plaza, or alley.

(Ord. No. 743, § 3, 3-21-2017)

A revocable sidewalk café encroachment permit must be obtained from the public works department prior to construction. The permit application must include:

A.

Name and address of applicant and the business with which the sidewalk café will be associated.

B.

Description of the use.

C.

Two sets of plans and elevations with dimensions showing the proposed location of the sidewalk café area, including perimeter barrier, associated tables and chairs, and all above-grade improvements, including any shade structures, planters, or other fixtures. The pedestrian clear zone outside the perimeter barrier must be shown.

D.

Plans shall include dimensions and description of Americans with Disabilities (ADA) compliance measures.

E.

Owner consent (if owner not the applicant).

F.

Evidence of the business' liability insurance.

(Ord. No. 743, § 3, 3-21-2017)

A minimum five-foot pedestrian clear zone shall be maintained between the sidewalk café perimeter barrier and any fixed elements in the sidewalk, such as street trees, lighting, or planters.

(Ord. No. 743, § 3, 3-21-2017)

A.

The perimeter barrier shall consist of a physical barrier that separates the seating area from the pedestrian clear zone.

B.

The barrier shall be made of a durable material(s) that complements the restaurant design, such as metal, wood, bamboo, or planters.

C.

The height of the perimeter barrier shall be three feet minimum, four feet maximum. It shall not obstruct visibility of the street by patrons, or of the café seating area by pedestrians.

D.

The barrier shall not be adjacent to parking spaces where opening a vehicle

(Ord. No. 743, § 3, 3-21-2017)

A.

Tables and chairs must be moveable, not anchored to the sidewalk.

B.

In addition to chairs, benches and tables, other permitted facilities may include busing stations, and a host/hostess station.

C.

Shade structures may be incorporated. These may be awnings projecting from the building, freestanding umbrellas, trellis or pergola, or other suitable form of shade structure. Shade structures shall not extend to within three feet of the edge of a roadway.

D.

Decorative/accent lighting may be incorporated into the shade structure. An electrical permit must be obtained for lighting fixtures. Power shall not be from publically owned source.

E.

Sidewalk cafés may not include storage, kitchen, or cooking areas.

F.

Heating and cooling devises may be provided, such as gas heaters and misters. Descriptions of the proposed devises and their locations must be included in the encroachment permit application.

G.

Furnishings may be left within the designated sidewalk café area on days when the restaurant is typically closed, and when not in use. During seasonal closures (e.g., winter) the furnishings must be removed.

(Ord. No. 743, § 3, 3-21-2017)

No additional parking is required with the application of this chapter, if the total café seating does not exceed 24 seats or less. For café seating of 25 seats or more, parking shall be secured at the same ratio as the eating and drinking establishment, per Chapter 18.42, "Parking." Parking may be a combination of on-street and off-street parking. Shared parking arrangements are encouraged.

(Ord. No. 743, § 3, 3-21-2017)