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Summary of the El Dorado County Cannabis Ordinance Part 3 - Indoor Activity

The following is a summary of one of the four sections of the ordinance authorizing commercial cannabis activities in El Dorado County, specifically addressing indoor activity.


On August 13, 2019 the El Dorado County Ad-hoc Committee will present the second reading of the draft commercial cannabis ordinance to the Board Of Supervisors. The following is a summary of the language for the indoor cannabis activities.


Indoor Cannabis Activity


Applicability

  • Although the voters originally enacted the ordinance through their vote in November of 2018, the Board Of Supervisors has the discretion to regulate uses such as density, intensity, number, proximity, location and environmental standards without the need to obtain further approval.

  • Cannabis does not fall under the definition of an agricultural crop with respect to the “right to farm” ordinance

  • This ordinance applies regardless of whether commercial cannabis is cultivated for medical or adult-use purposes.

Limit on the number of commercial cannabis operations

The maximum number of commercial cannabis cultivation operations is limited to 150.


General Requirements

Odor

Any cannabis odor shall not be equal or greater than a 7 dilution threshold when measured by the County with a field olfactometer at the property line for a minimum of 2 readings, not less than 15 minutes apart, within a 1-hour period.

Odor control measures may be required and may require an additional permit.


Setback

A commercial cannabis activity shall not be located within 1,500 feet from any school, school bus stop, place of worship, park, playground, child care center, youth-oriented facility, pre-school, licensed drug or alcohol recovery facility or licensed sober living facility.


Screening

Commercial cannabis activity shall be screened from public view so that no part of the plan can be seen from an adjacent street or parcel.

Coverings on any windows may not be made of tarps, canvas, tinfoil, or other fabrics affixed directly to the wall or window.


Lighting

Security lighting for any building utilized for commercial cannabis activities SHALL be motion activated and outdoor lighting comply with all outdoor lighting rules.


Disposal of waste

Cannabis waste material SHALL be disposed of in accordance with existing state law.

Burning of cannabis waste is prohibited


Public Sewer or sewer disposal system

The premises, where commercial cannabis activity shall either be connected to a public sewer system or have a County inspected and approved sewage disposal system.


Transportation vehicles

  • Cannabis may only be transported within the unincorporated areas of the County inside of a commercial vehicle or trailer with sufficient security features and GPS tracking.

  • Cannabis or cannabis signage or symbols may not be visible or identifiable from outside of the commercial vehicle or trailer.

  • Transportation by means of aircraft, watercraft, drones, rail, human powered vehicles, and unmanned vehicles is prohibited.


Notification to Sheriff’s Office

As a condition of any commercial Cannabis Use Permit the County may require the permitee to notify the Sheriff’s Office before transporting cannabis within the unincorporated areas of the County.


Review by Fire Code Official

Prior to approval of a Commercial Cannabis Use Permit for any commercial cannabis activity, the applicant must be reviewed by the local fire code official and any recommendations of the local fire code official shall be incorporated as a condition of the Commercial Cannabis Use Permit or a written response to the local fire code official shall explain why a recommendation is not being incorporated.


Indoor Cultivation of Commercial Cannabis

Limitation on Use

Indoor cultivation of commercial cannabis may be permitted in the following zones:

  • General Commercial

  • Industrial High

  • Industrial Low

  • Research and Development

The County may place restrictions on canopy size to maintain consistency with other laws, surrounding commercial uses, and neighborhood compatibility.


Renewable Energy Source

Electrical power for indoor commercial cultivation operations, including but not limited to illumination, heating, cooling, and ventilation, shall be provided by on-grid power with 100% renewable source, on-site zero net energy renewable source, or with the purchase of carbon offsets of any portion of power not from renewable sources.

The use of generators for indoor cultivation is prohibited, except as a secondary source.


All lights used for indoor commercial cannabis cultivation shall be fully contained within structures or otherwise shielded to fully contain any light or glare involved in the cultivation process.


Water source

  • Indoor cultivation of commercial cannabis may only be permitted if sufficient evidence submitted to the County demonstrates:

  • There is adequate water supply in the watershed and water rights to serve the cultivation site

  • All required state permits from the State Water Resources Control Board and any other state agency with jurisdiction

  • The premises where the cultivation of cannabis takes place shall either be connected to a public water supply or have a County inspected and approved private water source.

  • Cultivation of cannabis shall not utilize water that has been or is illegally diverted from any spring, wetland, stream, creek, river, lake, underground well or body of water.


Water conservation measures

Cannabis cultivation operations shall include measures that minimize the use of water for cultivation at the site

Water conservation measures, water capture systems, gray water systems, or other equally effective water conservation measures shall be incorporated into the cultivation operations in order to minimize the use of water where feasible.


Commercial Cannabis Distribution Facilities

Limitation on use

Distribution facilities for commercial cannabis may be permitted in:

  • General commercial

  • Industrial high

  • Industrial low

  • Research and development

Subject to a commercial cannabis use permit and commercial cannabis annual operating permit


A county permit for distribution may be limited to transportation only so long as the Bureau of cannabis control allows for a distributor – transport only license or the substantial equivalent. If a commercial cannabis use permit is sought for transportation only to transport cannabis, cannabis seeds or plants, or other cannabis products grown or manufactured by the same applicant, and the transport only use is not subject to the zoning restrictions Provided that the applicant is only transporting cannabis, cannabis seeds or plants, or other cannabis products grown or manufactured on the parcel for which the other commercial cannabis activity is authorized.


Commercial Cannabis Retail Sale and Delivery Facilities

Limitation on use for storefront retail

Retail sale storefront facilities open to the public for the sale of commercial cannabis may be permitted in:

  • Community Commercial

  • Regional Commercial

  • General Commercial

  • Industrial Low

Subject to a commercial cannabis use permit and commercial cannabis annual operating permit


Limitation on use for non-storefront retail (delivery only)

Retail non-– storefront delivery facilities of commercial cannabis may be permitted in:

  • General Commercial

  • Industrial High

  • Industrial Low

  • Research & Development

Subject to a Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit


If a retail delivery service is located outside of the unincorporated areas of the county there, the retailer must comply with section 130.41.100(6)


With the exception of a non-– storefront retail facility providing only delivery service, no more than seven (7) cannabis retail storefront facilities that are open to the public shall be permitted at any one time. Concentration of commercial cannabis facilities and proximity to an existing or proposed cannabis retail facility shall be considered in determining whether to grant a permit.


Retail facilities, either storefront or non-– storefront, shall not be established on any parcel containing a dwelling unit used as a residence nor within 500 feet of a parcel with a residence.


Hours of operation for retail sale and delivery are limited to commencing at 8:00 AM and ending at 8:00 PM. Any delivery must be initiated by a customer by 7:00 PM. These restricted hours apply regardless of whether the sale originates within or outside of the county.


A retail facility shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. Security lighting shall be motion activated and all outdoor lighting shall comply with chapter 130.34.


Commercial Cannabis Laboratories

Limitation on Use

Commercial cannabis testing laboratories may be permitted in:

  • General Commercial

  • Industrial High

  • Industrial Low

  • Research & Development

Subject to a Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit


The Director of the Environmental Management Department, or his or her authorized designee(s), may impose any additional restrictions or requirements for the manufacturing of commercial cannabis to protect public health and safety and may inspect any portion of the commercial cannabis manufacturing facility at any time during normal business hours to ensure compliance.


Commercial Cannabis Manufacturing Facilities

Limitation on Use

Type 7

  • Industrial High

  • Industrial Low

Type 6

  • General Commercial

  • Industrial High

  • Industrial Low

  • Research & Development

Type N & P

  • Community Commercial

  • Regional Commercial

  • General Commercial

  • Industrial High

  • Industrial Low

  • Research & Development

  • Planned Agriculture

  • Limited Agriculture

  • Agricultural Grazing

Share-Use (Type S) Facility

May be issued in a particular zone district only if the manufacturing activity or activities to be performed in the shared – use facility (Type 7, Type 6, Type N, Type P license) is or are authorized in that particular zone district.


The Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit must specify the manufacturing activities authorized and those activities must be consistent with the specific license types issued by the California Department of Public Health's Manufactured Cannabis Safety Branch at the time of issuance of the Commercial Cannabis Use Permit or Commercial Cannabis Annual Operating Permit.


No manufacturing of commercial cannabis may be permitted in a residential dwelling or accessory structure connected to a residential or dwelling.


Shared-Use Facility (Type S license)

A single person shall be identified as the primary permittee for a shared-use facility. For any violation at a shared-use facility, the primary permittee and the permittee authorized to use the shared-use facility during the time of the violation may be held jointly and severally liable for the violation regardless of any agreement between the permittees. The occupancy schedule and designated area for a type S license shall be included in the application for the Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit and may not be changed without prior written notification and prior written approval from the building and planning department and any such change shall be memorialized in and amending Commercial Cannabis Annual Operating Permit.


The Director of the Environmental Management Department, or his or her authorized designee(s), may impose any additional restrictions or requirements for the manufacturing of commercial cannabis to protect public health and safety and may inspect any portion of the commercial cannabis manufacturing facility at any time during normal business hours to ensure compliance.

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