The following regulations shall apply to premises used for cannabis cultivation in the unincorporated area of San Benito County, and shall be imposed regardless of the number of persons residing at the premises or participating directly or indirectly in the cultivation, and shall further be imposed notwithstanding any assertion that the person(s) cultivating the cannabis are qualified patients or the primary caregiver(s) for qualified patients or that such person(s) are collectively or cooperatively cultivating cannabis:
(A) The outdoor cultivation of cannabis, in any amount or quantity, is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter. This subdivision shall not apply to those cannabis cultivation sites that commenced cultivation prior to November 21, 2017, in full compliance with the provisions of Chapter 11.15 of the San Benito County Code as it read prior to the adoption of the chapter enacting this subdivision. Cannabis cultivation described in this subdivision shall be required to comply with the provisions of this section as it read prior to the adoption of the chapter enacting this subdivision pertaining to outdoor cannabis cultivation until March 1, 2018.
(B) The cultivation of more than six cannabis plants on any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter.
(C) Except as provided in a waiver granted in accordance with subdivision (D), the cultivation of cannabis, in any amount or quantity, upon any premises is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter, unless all of the following conditions are satisfied:
(1) The person(s) owning, leasing, occupying, or having charge or possession of any premises have submitted the required annual registration for the premises and provided all of the following current information and documentation to the San Benito County Resources Management Agency:
(a) The name of each person, owning, leasing, occupying, or having charge or possession of the premises;
(b) The name of each person who participates in the cultivation, either directly or by providing reimbursement for cannabis or the services provided in conjunction with the provision of that cannabis;
(c) A description of the cultivation site and number of cannabis plants;
(d) The number of cannabis plants to be cultivated on the premises; and
(e) If the person(s) cultivating cannabis on any legal parcel is/are not the legal owner(s) of the parcel, such person(s) shall submit a notarized letter from the legal owner(s) acknowledging and consenting to permit the cultivation of cannabis to be conducted on the parcel by the registrant. This letter shall be examined by the Resources Management Agency and may then be returned. The Resources Management Agency may prescribe forms for such letter.
(f) Such other information and documentation as the San Benito County Resources Management Agency determines is necessary to ensure compliance with state law and this chapter.
(2) The information and documentation required by this section shall be received in confidence, and shall be used or disclosed only for purposes of administration or enforcement of this chapter or state law, or as otherwise required by law.
(3) The San Benito Resources Management Agency may refuse to accept a registration for any premises upon which cannabis cultivation is being conducted, or is proposed to be conducted, in violation of this chapter. The acceptance of a registration pursuant to this chapter shall not be deemed or construed to be a permit for or approval of any violation of this chapter. The acceptance of a registration shall not prevent the enforcing officer from thereafter requiring correction of violations or from preventing cannabis cultivation being carried out thereunder when in violation of this chapter.
(4) The Board of Supervisors may, by resolution, establish a fee for such annual registration in accordance with all applicable legal requirements, including, but not limited to a late registration penalty equal to 50% of the applicable registration fee.
(5) Every registration under this chapter shall be valid for no more than one calendar year and shall expire on December 31 of that year. An expired registration shall be renewed in the same manner as an initial registration hereunder. In the event that the registration of any premises for any calendar year is submitted after March 1 of that year, the registration shall be deemed late. The Director of the Resources Management Agency may waive the late registration penalty if the failure to timely register was due to reasonable cause and not due to willful neglect.
(6) The cultivation of cannabis must be conducted indoors, within a fully enclosed and permitted structure which must comply with the following standards:
(a) The structure shall comply with all applicable state and local laws, codes and regulations, including without limit, the Cal. Building Code, Electrical and Fire Codes as adopted by San Benito County. The structure shall be equipped with permanently installed and permitted electricity, and shall not be served by temporary extension cords.
(b) Windows shall have adequate coverings to prevent cannabis plants from being visible from any location not part of the premises, including the public right-of-way and/or neighboring properties. Such window coverings shall not restrict emergency egress from the structure.
(c) The structure, or room in which the cultivation occurs, shall have locking doors and shall be secured to prevent access by minors and/or unauthorized persons.
(d) Structures used for cultivation shall be equipped with an odor control filtration and ventilation system adequate to prevent an odor, humidity or mold problem within the structure, on the parcel, or on adjacent parcels.
(e) Structures that are exempt from building permits shall not be used for the cultivation of cannabis.
(7) The premises must contain a permitted residential use. For purposes of this subdivision, PERMITTED RESIDENTIAL USE shall mean actual residential use of the premises that is conducted in a residential structure or manufactured home on a permanent foundation for which a final certificate of occupancy has been issued in accordance with Titles 19, 21, and 25 of the San Benito County Code.
(8) The premises upon which the cannabis is cultivated is located at least 1,000 feet away from any school, school bus stop, school evacuation site, church, park, child care center, or youth-oriented facility ("Sensitive Use Setback"). Such distance shall be measured in a straight line from the boundary line of the premises upon which the school, school bus stop, school evacuation site, church, park, child care center, or youth-oriented facility is located to the nearest exterior wall of the building or structure within which cannabis is cultivated.
(9) The cultivation site shall be set back at least 100 feet from all boundaries of the premises ("Boundary Line Setback"). Such distance shall be measured in a straight line from the boundary line of the premises to the nearest exterior wall of the building or structure within which cannabis is cultivated.
(D) Prior to cultivation, the owner or occupant of the premises may submit a written request that the Director of the Resources Management Agency waive the application of the “Sensitive Use Setback” and/or “Boundary Line Setback” provision(s) of subdivision (C) based upon a finding of unusual hardship or other good cause. Waiver requests shall not be unreasonably denied. In the event that the California Attorney General issues a determination under Cal. Health and Safety Code § 11362.2(b)(4). The Director of the Resources Management Agency shall grant or deny each waiver request in writing, and may impose reasonable conditions upon any waiver granted. If granted, the waiver shall remain valid until expiration of the registration, at which time the waiver shall also expire. Renewal of any such waiver may be requested at the same time as renewal of registration. If the waiver request is denied or conditioned, the owner or occupant may submit a written appeal to the Clerk of the Board of Supervisors within ten calendar days. If the Hearing Officer has been appointed, as established by Chapter 1.07 of the San Benito County Code, the appeal shall be heard by the Hearing Officer; otherwise the appeal shall be heard by the Board of Supervisors. The Board of Supervisors or the County Hearing Officer, as applicable, shall consider the matter de novo, and may affirm, reverse, or modify the determination of the Director of the Resources Management Agency. The decision of the Board of Supervisors or Hearing Officer, as applicable, shall be final and conclusive.
(E) The cultivation of cannabis, in any amount or quantity upon any premises, in connection with any cannabis business as defined in Chapter 7.02 of the San Benito County Code, or "commercial cannabis activity," as defined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act, or by any permittee, licensee, or person required to obtain a license from the state, is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this chapter, except as expressly provided in Chapter 7.02 of the San Benito County Code.
(F) No person owning, leasing, occupying, or having charge or possession of any premises within the county shall cause, allow, suffer, or permit such premises to be used for the cultivation of cannabis plants in violation of this chapter.
(G) The extraction and refinement of chemical compounds from cannabis by way of a solvent-based method utilizing compressed flammable gases or alcohol in violation of state law is prohibited.
(H) Acts, omissions, or conditions in violation of this chapter that continue, exist, or occur on more than one calendar day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations.
(Ord. 949, § 2(part), 2016; Ord. 959, § 7, 2017; Ord. 963, § 7, 2017)