(A) Outdoor cultivation is prohibited. The only indoor commercial cultivation that is authorized, if duly permitted by the City pursuant to this chapter, is indoor commercial cultivation that is a component of a microbusiness.
(B) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park or any common public viewing area.
(C) Commercial cannabis cultivation which is permitted in the City of Placerville shall not exceed ten thousand (10,000) square feet of canopy space permitted by State law as part of a microbusiness license.
(D) Cannabis cultivation shall be conducted in accordance with State and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.
(E) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife.
(F) The cultivation of cannabis shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(G) All applicants for a cannabis cultivation permit shall submit to the following in addition to the information generally otherwise required for a commercial cannabis business:
1. A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.
2. A description of a legal water source, irrigation plan, and projected water use.
3. Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.
4. Plan for addressing odor and other public nuisances that may derive from the cultivation site.
(H) Persons who cultivate cannabis for their sole personal use, or qualified primary caregivers who cultivate medical cannabis on behalf of their qualified patient(s) may do so in quantities authorized by State law and in accordance with all State and local regulations without submitting any application or permit. It is hereby declared to be unlawful and a public nuisance may also be deemed to exist if such activity is determined to be related to the cultivation of cannabis and produces:
1. Odors which are disturbing to people residing or present on adjacent or nearby property or areas open to the public.
2. Repeated responses to the property from law enforcement or other Code Enforcement Officers (more than 3 times in a 1-year period).
3. Repeated disruption to the free passage of persons or vehicles in the neighborhood (more than 3 times in a 1-year period) as reported to law enforcement officers or the City Code Enforcement Officer.
4. Any other impact which adversely impacts the health, safety or general welfare of people on adjacent or nearby property or areas open to the public.
Nothing in this chapter shall be construed as a limitation on the City's authority to abate any nuisance which may exist from the planting, growing, harvesting, drying, processing or storage of cannabis plants or any part thereof from any location.
All cannabis cultivation shall be subject to title 1, chapters 4, 4A and 4B of this Code (public nuisance) and the State Housing Code 1 and other applicable provisions of local and State law. (Ord. 1694, 10-9-2018)
Notes
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