The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to commercial cannabis facilities, unless otherwise specified here. The location and types of commercial cannabis facilities shall be limited as follows:
(A) Proximity to schools, day-care centers, or youth centers. A commercial cannabis facility shall not be located within 600 feet of a school, day-care center, or youth center.
(B) Proximity to residential zoning districts. A commercial cannabis facility shall not be located within 50 feet from a dwelling unit within a residential zone; except that commercial cannabis distribution may be allowed within a proximity of 24 feet from a dwelling unit within a residential zone. However, when the commercial cannabis activity is exclusively manufacturing food and/or edible cannabis products and no other products, and there is no on-site extraction of cannabis or cannabis products, the proximity may be 25 feet of a dwelling unit within a residential zone.
(C) Maximum square footage. Each approved permit shall not exceed 22,000 square feet of commercial cannabis floor area; except that commercial cannabis distribution may be allowed not to exceed 40,000 square feet of commercial cannabis floor area.
(D) Facility. A commercial cannabis facility shall comply with the following:
(1) All activity shall occur in an enclosed locked structure. Locks shall be of commercial grade. Residential door locks are prohibited.
(2) From a public right-of-way, there should be no exterior evidence of the manufacturing, cultivation and/or distribution of medical and adult use cannabis.
(3) All licensed premises shall comply with the city’s lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the necessary approvals and permits, as needed.
(4) All windows on the licensed premises shall be appropriately secured and all cannabis securely stored.
(5) All operations conducted within a licensed premises, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes.
(6) Areas that are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(0) of the National Electric Code, city and California building codes, fire codes, electrical codes, and all other applicable laws.
(7) Licensed premises are permitted under this chapter under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For all commercial cannabis facilities that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
(a) A Group F-1 fire area exceeds 12,000 square feet.
(b) A Group F-1 fire area is located more than three stores above grade plane.
(c) The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet;
(8) All licensed manufacturing and cultivating premises shall possess air scrubbers or a filtration system capable of eliminating odors from escaping the building before operating.
(9) Licensed distribution facility. Staff reserves the right to require a licensed distribution facility to install air scrubbers or a filtration system capable of eliminating odors from escaping the building if the facility is found to emit cannabis odors.
(10) The manufacture, distribution, and transportation of edible cannabis products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis.
(11) All products, storage facilities, utensils, equipment, and materials used for the manufacture of edible cannabis products shall be approved, used, managed, and handled in accordance to the provisions of all state and county health and safety laws regarding the preparation, distribution, labeling, and sale of food.
(12) Any manufacturing site that proposes to prepare, store, dispense, and distribute edible cannabis products shall comply with the relevant provisions of all state and county health and safety laws regarding the preparation, distribution, labeling, and sale of food.
(13) No food production shall be allowed in a facility where edible cannabis products are manufactured to avoid the unintentional contamination of non-cannabis foods with cannabis.
(14) All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual shall be on record at the permitted premises where said individual participates in the production of edible cannabis products.
(E) Security. All security requirements set forth in Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis, of this code are applicable.
(1) Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee.
(2) Entrances to any storage areas shall be locked at all times and under the control of licensee's staff.
(3) The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the city's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed.
(4) All windows on the licensee's building shall be unopenable or locked and all product securely stored.
(5) Each licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation.
(6) All waste and disposal containers shall be stored in a secure area, and under the control of licensee's staff.
(7) Each licensed premises shall have a security alarm system, installed by a licensed alarm company that alters the alarm monitoring company on all premises entry points and windows.
(8) Each licensed premises must be continuously monitored by an alarm monitoring company.
(9) The licensed premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises.
(10) Upon request, each licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose, all information related to security alarm systems, recordings, monitoring, and alarm activity.
(11) Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this section.
(12) All physical non-cloud based video surveillance records must be stored in a secure area that is only accessible to the management staff of the licensed premises.
(13) Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose.
(14) Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this chapter or for a state or local law enforcement purpose.
(15) A sign shall be posted in a conspicuous place near each point of public access that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the licensed premises that a video surveillance and camera recording system is in operation at the licensed premises and recording all activity as provided in this chapter.
(16) The licensed premises should use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the city, as specified in each development agreement.
(17) Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos.
(18) All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the licensed permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillance system.
(19) Licensed premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas.
(20) All video surveillance equipment shall have sufficient battery backup to support a minimum of four hours of recording in the event of a power outage.
(21) Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the licensed premises.
(22) All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points.
(23) The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the licensed premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes.
(24) Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment.
(25) Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur.
(26) At least one camera must be dedicated to record the access points to the secured surveillance recording area.
(27) All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor limited-access areas.
(28) Surveillance recording equipment must be housed in a designated, locked and secured room or other enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors.
(29) The licensee must keep a current list of all authorized employees and service personnel who have access to the surveillance system and/or room on the licensed premises. Licensed premises must keep a surveillance equipment maintenance activity log on the licensed premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system.
(30) Off-site monitoring and video recording storage of the licensed premises or an independent third-party is authorized as long as standards exercised at the remote location meets or exceeds all standards for on-site monitoring.
(31) Each licensed premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific licensed premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station.
(32) All camera views of all recorded areas must be continuously recorded 24 hours a day.
(33) All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately captured video and guarantees that no alteration of the recorded image has taken place.
(34) The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded.
(35) The date and time must be embedded on all surveillance recordings without significantly obscuring the picture.
(36) Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology.
(37) After the 90-day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the permit holder knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding for which the recording may contain relevant information.
(Ord. 1461, passed 11-3-21)