Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:
CANNABIS. Has the meaning set forth in the Cal. Business and Professions Code § 26001, subdivision (f), the Medicinal and Adult-Use Cannabis Regulation and Safety Act. This definition includes medicinal cannabis or non-medicinal cannabis.
CANNABIS PLANT. Any mature or immature cannabis plant, or any cannabis seedling.
CHILD CARE CENTER. Any licensed child care center, day care center, or childcare home, or any preschool.
CHURCH. A structure or leased portion of a structure, which is used primarily for religious worship and related religious activities.
CONTIGUOUS. Any two parcels of real property which share a mutual boundary. Parcels shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way.
DAY CARE CENTER. Has the meaning set forth in the Cal. Health and Safety Code § 1596.76.
COUNTY HEARING OFFICER. A person designated by the Board of Supervisors and appointed to the position of Hearing Officer, as established by San Benito County Code Chapter 1.07, and who is independently authorized to conduct administrative hearings and issue decisions and orders pursuant to and as authorized by the San Benito County Code.
CULTIVATION. Any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, processing, trimming, or storage of one or more cannabis plants, or any part thereof in any location, indoor or outdoor, including from within a fully enclosed and secure building.
CULTIVATION SITE. A location where cannabis is cultivated.
ENFORCING OFFICER or CODE ENFORCEMENT OFFICER. Means the San Benito County Resources Management Agency Director, Building Official, Building Inspector, Health Officer, Sheriff, Agricultural Commissioner, or their authorized deputies or designee(s), and any person employed by the county and appointed to the position of code enforcement officer, as established by San Benito County Res. No. 90-27 and Ordinances 567 and 625, each of whom is independently authorized to enforce this chapter.
FENCE. A wall or a barrier connected by boards, masonry, rails, panels, wire or any other materials for the purpose of enclosing space or separating parcels of land. The term FENCE does not include retaining walls, plastic, tarp, bamboo coverings, corrugated metal, or other materials not designed or manufactured for use as a fence.
IMMATURE PLANT. A cannabis plant that has not begun to bloom or flower.
INDOOR CULTIVATION. Cultivation that is conducted within a fully enclosed, permitted building or structure, accessible only through one or more locking doors, which is secure against unauthorized entry. INDOOR CULTIVATION includes cultivation within a greenhouse or similar structure.
LEGAL PARCEL. Any parcel of real property for which one legal title exists that may be separately sold in compliance with the Subdivision Map Act (Div. 2 (commencing with Section 66410) of Title 7 of the Cal. Gov’t Code). Where contiguous legal parcels are under common ownership or control, such legal parcels shall be counted as a single "premises" for purposes of this chapter.
MATURE PLANT. A cannabis plant that has begun to bloom or flower; or that contains one or more blooms, flowers, or buds.
OUTDOOR CULTIVATION. Cultivation that is not conducted within a fully enclosed, permitted building, accessible only through one or more locking doors, which is secure against unauthorized entry. OUTDOOR CULTIVATION includes, without limitation, cultivation of cannabis within a "hoop house" or similar structure.
PREMISES. A single, legal parcel of real property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single PREMISES for purposes of this chapter.
RESIDENCE or RESIDENTIAL STRUCTURE. Any structure designed, approved, and maintained for permanent human habitation pursuant to Title 24 or Title 25 of the Cal. Code of Regulations or constructed prior to the adoption of the California Building Standards Code by the county. RESIDENCE or RESIDENTIAL STRUCTURE does not include a structure that has been deemed substandard by the county Building Official or his/her authorized agents.
SCHOOL. An institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.
SCHOOL BUS STOP. Any location designated in accordance with Cal. Code of Regulations, Title 13, § 1238, to receive school buses, as defined in Cal. Vehicle Code § 233, or school pupil activity buses, as defined in Cal. Vehicle Code § 546.
SCHOOL EVACUATION SITE. Any location designated by formal action of the governing body, superintendent, or principal of any school as a location to which juveniles are to be evacuated to, or are to assemble at, in the event of an emergency or other incident at the school.
YOUTH-ORIENTED FACILITY. Elementary school, middle school, high school, public park, any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominately minors. This shall not include a day care or preschool facility.
(Ord. 949, § 2(part), 2016; Ord. 959, § 7, 2017; Ord. 963, § 5, 2017)