No permit created under Chapter 7.02 or Title 25 may be issued for any cannabis business on any premises, unless all the following requirements are met.
(A) Location and design of cannabis businesses. Cannabis businesses proposing to engage in commercial cannabis activity are subject to the following zoning and locational requirements.
(1) Location. Cannabis businesses engaging in cultivation, distribution, manufacturing, microbusinesses, and/or testing laboratories must be properly located within zones that allow such uses in accordance with Title 25 and must meet all of the requirements for development in these zones.
(2) Setbacks. Except as provided in a variance granted in accordance with division (A)(3) of this section, cannabis businesses must also meet all of the following setback requirements:
(a) Less than 100 feet from any boundary line of the premises. This setback requirement shall not apply to any permitted cannabis business facility located in an industrial zone;
(b) It shall be no closer than 1,000 feet from any zoned parcel containing a sensitive use that is in existence at the time the application for the applicable permit identified in § 19.43.040(B) and Title 25 is submitted, unless the state licensing authority or the county specifies a different radius. The distance measured shall be the horizontal distance measured in a straight line from the property line of those parcels containing the sensitive use to the closest property line of the parcel on which the cannabis business is located; and
(c) It shall be no closer than 300 feet from any residentially zoned parcel in the county, including any legal non-conforming residential uses as of the date the application for the applicable permit identified in § 19.43.040(B) and Title 25 is submitted. The distance between the cannabis business and the residential parcel shall be measured from the outer boundaries of the residential parcel to the first structure on the property seeking the applicable permit identified in § 19.43.040(B) and Title 25. This setback requirement shall not apply to any permitted cannabis business facility located in an industrial zone. For outdoor cannabis cultivation businesses, the residential setback shall be 500 feet, measured from the cultivation area to the nearest residential structure.
(3) At the time of application, the applicant may submit a written application for an exception to the Resources Management Agency for consideration with the applicable permit application under Title 25 for consideration of modification to any provision of division (A)(2) of this section. Exception requests shall be referred to the Planning Commission to determine whether or not to grant an exception, subject to a finding that granting the exception will not significantly affect the public health and safety based on the particular circumstances present at the location and nature of the cannabis activity and the sensitive use, subject to all application forms and fees being received by the Resources Management Agency. The Planning Commission may decide whether the exception should be granted or denied, as well as whether to impose certain reasonable conditions upon any exception granted. If granted, the exception shall remain valid for the time period specified by the Planning Commission. Notwithstanding the foregoing, the Planning Commission:
(a) Shall not grant an exception to reduce the sensitive use setback requirement any less than 600 feet from any sensitive use as measured from the location of the cannabis use and the sensitive use; and
(b) Shall not grant an exception to reduce the off-parcel residence setback requirement any less than 100 feet from any off-parcel residence, if the cannabis business facility is located on a parcel that is ten acres or less.
(4) Each proposed cannabis business shall:
(a) Conform to the county's general plan goals and policies, any applicable specific plans, master plans, and design requirements;
(b) Be located within an appropriately zoned district for the particular cannabis business land use;
(c) Comply with all applicable zoning and related development standards, including general development standards for cannabis business land use, the applicable supplemental requirements for cannabis business land use, and the operational standards for cannabis business land use;
(d) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties;
(e) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and all items required for the development;
(f) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate;
(g) Be provided with adequate electricity, sewerage, disposal, water, fire protection, and storm drainage facilities for the intended purpose;
(h) Have appropriate security measures planned for and incorporated into design and operations; and
(i) Have an appropriate record keeping and reporting program in place to assure compliance with operational standards.
(B) Building permits and inspection. Submit to a mandatory building inspection and obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permit(s), the contract Fire Department approvals, Health Department approvals, and other zoning and land use permit(s) and approvals.
(C) Security measures. An applicant shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis goods, and to deter and prevent the theft of cannabis goods at the cannabis business site. Except as may otherwise be determined by the Administrative Officer or his/her designee, these security measures shall include, but shall not be limited to, all of the following:
(1) Alarm system (perimeter, fire, and panic buttons);
(2) Remote monitoring of alarm systems by licensed security professionals;
(3) Perimeter lighting systems (including motion sensors) for after-hours security;
(4) Perimeter security and lighting as approved by the Sheriff and Director of the Resource Management Agency or his/her designee(s);
(5) Preventing individuals from remaining on the premises of the cannabis business if they are not engaging in an activity directly related to the permitted operations of the cannabis business;
(6) Establishing limited access areas accessible only to authorized cannabis business personnel;
(7) Except for live cannabis plants which are being cultivated at a cultivation site, all cannabis goods shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis goods, including live cannabis plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss;
(8) Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably occur. All cameras shall record in color. All exterior cameras shall be in weatherproof enclosures, shall be located so as to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. The cannabis business shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the Administrative Officer or his/her designee(s), and that it is compatible with the county's software and hardware. In addition, remote and real-time live access to the video footage from the cameras shall be provided to the Administrative Officer or his/her designee(s). Video recordings shall be maintained for a minimum of 90 days and shall be made available to the Administrative Officer or his/her designee(s) upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis business and shall be capable of enlargement via projection or other means. Internet protocol address information shall be provided to the Sheriff’s Office by the cannabis business to facilitate remote monitoring of security cameras by the Office or its designee;
(9) Sensors shall be installed to detect entry and exit from all secure areas and shall be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services;
(10) Panic buttons shall be installed in all cannabis businesses with direct notification to the Sheriff’s Office dispatch and shall be configured to immediately alert dispatch for the Sheriff’s Office;
(11) Having a professionally installed, maintained, and monitored real-time alarm system by a security company licensed by the State of California Bureau of Security and Investigative Services;
(12) Any bars installed on the windows or the doors of the cannabis business shall be installed only on the interior of the building;
(13) Security personnel shall be on-site 24 hours a day or alternative security as authorized by the Administrative Officer or his/her designee(s), and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Sheriff’s Office or his/her designee(s), with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty if authorized by the Sheriff’s Office;
(14) Each cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage;
(15) Entrance areas are to be locked at all times and under the control of a designated responsible party that is either an employee of the cannabis business or a licensed security professional;
(16) Each cannabis business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable;
(17) Each cannabis business shall demonstrate to the Sheriff’s Office and Administrative Officer or their designees, compliance with the state's track and trace system for cannabis goods, as soon as it is operational;
(18) Each cannabis business shall have state of the art network security protocols in place to protect computer information and all digital data;
(19) Exterior vegetation shall be planted, altered, and maintained in a fashion that precludes its use as a hiding place for persons on the premises;
(20) Emergency access and emergency evacuation plans that are in compliance with state and local fire safety standards; and
(21) Each permittee shall identify a designated security representative/liaison to the county, who shall be reasonably available to meet with the Administrative Officer or his/her designee(s) regarding any security related measures and/or operational issues. The designated security representative/liaison shall, on behalf of the cannabis business, annually maintain a copy of the current security plan on the premises of the business to present to the Administrative Officer or his/her designee upon request that meets the following requirements:
(a) Confirms that a designated manager will be on duty during business hours and will be responsible for monitoring the behavior of employees;
(b) Identifies all managers of the cannabis business and their contact phone numbers;
(c) Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the manager's office;
(d) Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company;
(e) Identifies a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the cannabis business, the parking lot, and any adjacent property under the business' control; and
(f) Confirms that the licensed security personnel shall regularly monitor the parking lot and any adjacent property to ensure that these areas are free of individuals loitering or causing a disturbance and are cleared of employees and their vehicles one-half hour after closing.
(D) Storage and transportation plan. A cannabis business shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting any cannabis goods, hazardous materials that may be used by the business, and/or currency.
(E) Floor plan designating limited access areas. The floor plan shall clearly designate limited access areas in which non-employees must be escorted at all times, to the degree they are granted access. Limited access areas include areas in which product, cash, office spaces, and security or surveillance equipment are stored or contained.
(Ord. 975, § 1, 2018; Ord. 1036, § 13, 2021)