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(A) A commercial cannabis cultivation business may be permitted within the city pursuant to a development agreement pursuant to California Government Code §§65864 et seq., known as the Development Agreement Statute. The Development Agreement shall include a Risk Management Plan.
(B) A commercial cannabis cultivation business shall only be allowed in a Cannery District (CD), Industrial District (I), or Light Industrial (M-1) zoning district.
(C) A commercial cannabis cultivation business shall not cultivate outdoors anywhere within the city.
(D) All commercial cannabis cultivation businesses shall comply with all of the following:
(1) Conditional Use Permit. Concurrently with applying for a development agreement, the applicant shall obtain a conditional use permit pursuant to § 153.216 Use Permit of the Riverbank Municipal Code. Information that may be duplicative in the two applications can be incorporated by reference. The conditional use permit shall run with the development agreement and not the land.
(2) Secure building. All commercial cannabis activity shall occur entirely inside of a building that is secure, locked, and fully enclosed, with a ceiling, roof, or other enclosure. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without limitation, commercial greenhouse structures), and include material strong enough to prevent entry except through an open door. Notwithstanding the foregoing, the roof may be of solid translucent material provided other security measures exist to ensure that the cannabis operation cannot be seen, heard or smelled beyond the property line.
(3) Security plan. A commercial cannabis cultivation business shall comply with security requirements acceptable to the Police Chief on an individual project basis. The security requirements will specify at a minimum provisions for perimeter fencing plan, interior and exterior lighting plan, security camera layouts, security team plan, alarm system details, transportation, remote monitoring, electronic track and trace, fire suppression plan, and record keeping.
(4) Insurance. A commercial cannabis cultivation business shall maintain insurance in the amounts and of the types that are acceptable to the City Manager or his or her designee. The city shall be named as additional insured on all city-required insurance policies.
(5) Waste management plan. A commercial cannabis cultivation business shall submit and comply with an approved commercial cannabis waste management plan describing how cannabis waste will be documented, shredded, blended 50/50 with shredded cardboard or paper, bagged up, and taken to a transfer station/landfill. Any reuse or recycling of the shredded materials for hemp paper and cloth or other uses shall be addressed under a development agreement or conditional use permit. If applicable, the plan shall include a description of measures to be taken relating to light bulb recycling.
(6) Risk management plan. A commercial cannabis cultivation business shall submit and comply with an approved risk management plan, which is used for identifying, analyzing and responding to risk factors throughout the life of the project. The risk management plan shall contain at a minimum these five steps:
(a) Step 1 – An identification of the risks;
(b) Step 2 – An analysis of the risks;
(c) Step 3 – An evaluation or ranking of the risks;
(d) Step 4 – Recommended treatment for the risks; and
(e) Step 5 – Discussion of a method to monitor and review the risks.
(7) Signage. Signage informing the public of a commercial cannabis cultivation business shall conform to the applicable zoning district requirements and include one “green cross” logo, maximum four square feet in size, lighted or unlighted, on the structure near the main entrance to each building for wayfinding. If unlighted, the sign shall be reflective. The green cross shall not count towards the maximum square footage of signage permitted for the site nor restrict the use of green crosses on other signage.
(Ord. 2017-007, passed 8-22-17)