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314-55 Medical Marijuana Land Uses: Inland
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55.1 INDOOR RESIDENTIAL CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE

55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Indoor Cultivation”.

55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Indoor Cultivation (“MMLUCIC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.

Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.

55.1.3 Applicability and Interpretation.

55.1.3.1The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.

55.1.3.2Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.

55.1.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.

55.1.3.4The definitions in this Code are intended to apply to the MMLUCIC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.

55.1.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the Attorney General of the State of California, or the Attorney General of the United States of America.

55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.

55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.

Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s medical marijuana abatement procedures as put forth in Section 314-55.2.

55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:

Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.

Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. For the purposes of this Section, a greenhouse or hoophouse shall not be considered to be a detached accessory building.

Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.

Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.

Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.

Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.

Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.

Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.

Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use.

55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use outside the coastal zone, so long as the cultivation is in conformance with this Code and state law.

In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:

55.1.8.1Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and

55.1.8.2Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and

55.1.8.3A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and

55.1.8.4The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and

55.1.8.5Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and

55.1.8.6All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and

55.1.8.7The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and

55.1.8.8No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and

55.1.8.9On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to non-cultivation residential uses; and

55.1.8.10From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and

55.1.8.11Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and

55.1.8.12No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and

55.1.8.13The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and

55.1.8.14The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and

55.1.8.15No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and

55.1.8.16The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and

55.1.8.17The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.

55.1.8.18A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.

55.1.8.19Outdoor cultivation, as described in Section 314-55.2, may not occur on any parcel in addition to the indoor cultivation provisions described herein. (Ord. 2468, Section 2, 12/13/2011; Ord. 2523, Section 3, 10/28/2014)

55.2 OUTDOOR CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE ON SMALL PARCELS

55.2.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code sections 65850, 25845, and 53069.4 and California Health and Safety Code sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation”.

55.2.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code for Small Parcel Outdoor Cultivation (“MMLUCSPOC” or “this Code”) is to establish reasonable regulations governing the outdoor cultivation of medical marijuana for personal use as defined herein, in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the cultivation and processing of medical marijuana for an individual patient’s personal use; and the need to eliminate, or at least limit to the greatest extent possible, harmful environmental impacts that can accompany outdoor marijuana cultivation.

Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law.

55.2.3 Applicability and Interpretation.

55.2.3.1The outdoor cultivation and processing of medical marijuana on parcels five (5) acres or less in size within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the governed activities were established or occurred prior to the adoption of this Code.

55.2.3.2Nothing in this Code is intended to exempt, nor shall it be construed to exempt any outdoor cultivation activities on parcels five (5) acres or less in size, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.

55.2.3.3Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.

55.2.3.4The definitions in this Code are intended to apply to the MMLUCSPOC. Applicable definitions in Humboldt County Code sections 314-136 et seq. and 111-1 et seq. may also apply to this Code.

55.2.4 Compliance with Other Laws. No provision of this Section shall be constructed to authorize, legalize, allow, approve, or condone any activity that violates any provision of State or federal law or this Code. Nothing in this Section shall be construed to allow the use of marijuana for non-medical purposes, or allow any activity relating to the cultivation, distribution, or consumption of marijuana that is otherwise illegal under State or federal law. No provision of this Section may be deemed a defense or immunity to any action brought against any person by the Humboldt County District Attorney, the attorney General of the State of California, or the Attorney General of the United States of America.

55.2.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional.

55.2.6 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:

Acre: means 43,560 square feet. See also the definition of “Lot Size” found under Section 314-147 of the code.

Canopy: means the area, in square feet, of vegetative growth, of a marijuana plant including starts. Area shall be calculated using the following formula: Diameter of Plant squared, and then multiplied by the conversion factor (π/4). For example, if the diameter of one (1) plant is equal to 30 inches (2.5 feet), the canopy would equal 4.9 square feet [2.5 feet² x 0.7854].

Cultivation: means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any outdoor location.

Enforcing Officer: means the Code Enforcement Investigator or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this Code.

Indoor Cultivation of Medical Marijuana: cultivation and processing of medical marijuana inside a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.

Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.

Marijuana Plant: means any mature or immature male or female marijuana plant, or any marijuana seedling, unless otherwise specifically provided herein.

Outdoor(s): means not within an enclosed building, excepting a greenhouse or hoophouse, but instead on an open and uncovered portion of the property.

Public Park: means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

Property: shall mean a single, legal parcel. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single “property” for purposes of this Section.

Personal Use Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s exclusive use.

Pesticides: shall have the same meaning as set forth in Article 1, Division 6, Section 6000 of the California Code of Regulations, and Article 1, Division 7, Section 12753 of the California Food and Agriculture Code.

Place of Religious Worship: a specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study.

Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.

Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.

School: means an institution of learning for minors, whether public or private, offering a regular course of instruction as required by the California Education Code. This definition includes a kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university.

School Bus Stop: means any location designated in accordance with California Code of Regulations, Title 13, section 1238, to receive school buses, as defined in California Vehicle Code section 233, or school pupil activity buses, as defined in Vehicle Code section 546.

Traditional Native American Cultural Site: means a place with an association with cultural practices and beliefs that are rooted in the local tribal history and are important to maintaining the continuity of a tribal community’s traditional beliefs and practices.

55.2.7 Outdoor Residential Cultivation for Personal Use. The County shall not interfere with a qualified patient’s outdoor cultivation of medical marijuana for that patient’s personal use outside the coastal zone, so long as the cultivation is in conformance with this Code and state law.

In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, outdoor medical marijuana cultivation and processing for personal use on parcels five (5) acres or less in size shall be in conformance with the following standards:

55.2.7.1Parcel size shall be determined in accordance with the definition of “Lot Size” found under Section 314-147 of the code.

55.2.7.2On parcels five (5) acres or less in size, it shall not be deemed a nuisance per se for a qualified patient to cultivate medical marijuana outdoors for personal use as an alternative to indoor cultivation, as defined herein, if the following restrictions are adhered to:

55.2.7.2.1On parcels one (1) acre or smaller in size, the total plant canopy of the medical marijuana cultivated outdoors may not exceed one hundred (100) square feet in size, nor may cultivation occur within twenty (20) feet of a property boundary line; and

55.2.7.2.2On parcels greater than one (1) acre and up to five (5) acres in size, the total plant canopy of medical marijuana cultivated outdoors may not exceed two hundred (200) square feet in size, nor may cultivation occur within forty (40) feet of a property boundary line, where the neighboring parcel is less than five (5) acres in size, or twenty (20) feet of a property line, where the neighboring parcel is five (5) acres or above in size; and

55.2.7.2.3No outdoor cultivation may occur within 600 feet of any School, School Bus Stop, Public Park, Place of Religious Worship, or Traditional Native American Cultural Site, so long as these uses existed prior to the outdoor cultivation of medical marijuana in compliance with this Code; and

55.2.7.2.4Indoor medical marijuana cultivation may not occur in addition to the outdoor cultivation provisions described herein; and

55.2.7.2.5The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence, or detached accessory building, or outdoor cultivation area within the jurisdiction of the County of Humboldt; and

55.2.7.2.6Cultivation within a greenhouse or “hoophouse” shall be deemed outdoor cultivation and subject to the requirements of this Code, including the parcel-size-specific canopy restrictions and setbacks.

55.2.7.2.7No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other man-made or natural drainage systems including those that lead to rivers, streams and bays as a result of indoor or outdoor residential cultivation of medical marijuana; and

55.2.7.2.8The outdoor cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and

55.2.7.2.9Where applicable, private water systems utilized in association with outdoor cultivation of medical marijuana pursuant to this Code shall comply with Section 1602 of the Fish and Game Code. This includes notification of the California Department of Fish and Wildlife of associated water diversions to determine whether a Lake and Streambed Alteration Agreement is necessary. If such an Agreement is required, the water use must comply with all of its terms.

55.2.7.3On lands within the Shelter Cove community served by the Resort Improvement District, outdoor cultivation of medical marijuana for personal use may only occur by a qualified patient who occupies a permitted residence located on the same property that is host to the cultivation activities. If the qualified patient is not the owner of the property, the occupant must be a leaseholder or lawful occupant who has retained the notarized consent of the property owner, or their designated agent.

55.2.8 Nuisance Declared; Specialized Abatement Process; Enforcement.

55.2.8.1Any violation of this Section shall be unlawful and constitute a public nuisance per se and be subject to injunction, abatement, or any other remedy available to the County as provided by all applicable provisions of law, including the specialized abatement process as provided for in this Code.

55.2.8.2 Notice to Abate Unlawful Marijuana Cultivation. Whenever an Enforcing Officer determines that a public nuisance as described in this Code exists on any property within the unincorporated area of Humboldt County he or she is authorized to notify the owner and/or occupant(s) of the premises through issuance of a ”Notice and Order to Abate Unlawful Marijuana Cultivation”.

55.2.8.2.1 Contents of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” shall be in writing and shall include the following:

55.2.8.2.1.1Name of the owner(s) of the property upon which the nuisance exists, as listed in the records of the county assessor, and any occupant(s) shall also be identified, if known; and

55.2.8.2.1.2A description of the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property and/or identification of such property by reference to the assessor’s parcel number; and

55.2.8.2.1.3A statement that medical marijuana cultivation in violation of this Section exists on the property and therefore such cultivation is a public nuisance per se.

55.2.8.2.1.4A description of the medical marijuana cultivation in violation of this Section that exists on the property and the actions required to abate it.

55.2.8.2.1.5A statement that the owner and/or occupant is required to abate the identified violations of this Code within fourteen (14) calendar days after the date that said Notice was served.

55.2.8.2.1.6A statement that the owner and/or occupant may, within ten (10) calendar days after the date that said Notice was served, make a request in writing to the Clerk of the Board of Supervisors for a hearing to appeal the determination of the Enforcing Officer that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Section.

55.2.8.2.1.7A statement that, unless the owner and/or occupant abates the unlawful marijuana cultivation, or requests a hearing before the Board of Supervisors, within the time prescribed in the Notice, the Enforcing Officer will abate the nuisance. It shall also generally describe the abatement costs, including administrative costs, and provide notice that a special assessment may be added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll if such costs are unpaid.

55.2.8.3 Service of Notice. The “Notice and Order to Abate Unlawful Marijuana Cultivation” (“Notice and Order”) shall be served by delivering it personally to the owner and/or to the occupant, or by mailing it by regular United States mail, together with a certificate of mailing, to the owner and/or occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll and by posting a copy of the Notice and Order on the real property upon which the nuisance exists as follows: copies of the Notice and Order shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two (2) copies of the Notice and Order be posted on a property pursuant to this section.

55.2.8.3.1The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.

55.2.8.4 Administrative Review.

55.2.8.4.1Any person upon whom a Notice and Order to Abate Unlawful Marijuana Cultivation has been served may appeal the determination of the Enforcing Officer that the conditions set forth in the Notice and Order constitute a public nuisance to the Board of Supervisors, or may show cause before the Board of Supervisors why those conditions should not be abated in accordance with the provisions of this Section. Any such administrative review shall be commenced by filing a written request for a hearing with the Clerk of the Board of Supervisors within ten (10) calendar days after the date that said Notice and Order was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the requirements of this Section, the findings of the Enforcing Officer contained in the Notice and Order shall become final and conclusive on the eleventh day following service of the Notice and Order.

55.2.8.4.2Upon timely receipt of a written request for hearing which complies with the requirements of this Section, the Clerk of the Board of Supervisors shall set a hearing date not less than seven (7) days or more than thirty (30) days from the date the request was filed. The Clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the Notice and Order was served, and to the Enforcing Officer.

55.2.8.4.3Any hearing conducted pursuant to this Section need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Board of Supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

55.2.8.4.4The Board of Supervisors may continue the administrative hearing from time to time.

55.2.8.4.5The Board of Supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the Notice and Order. The Board of Supervisors shall issue a written decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the nuisance, as well as findings concerning the propriety and means of abatement of the nuisance conditions set forth in the Notice and Order. Such decision shall be mailed to the party requesting the hearing, any other parties upon whom the Notice and Order was served, and the Enforcing Officer.

55.2.8.4.6The decision of the Board of Supervisors shall be final and conclusive on the date it is made.

55.2.8.5 Liability for Costs.

55.2.8.5.1In any enforcement action brought pursuant to this Section, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful marijuana cultivation to exist shall be liable for all costs incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this Section, whether those costs are incurred prior to, during, or following enactment of this Section.

55.2.8.5.2In any action by the Enforcing Officer to abate unlawful marijuana cultivation under this Section, whether by administrative proceedings or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this Code shall be limited to those actions or proceedings in which the County elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.

55.2.8.6 Abatement by Owner or Occupant. Any owner or occupant may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by the enforcing officer.

55.2.8.7 Enforcement. Whenever the Enforcing Officer becomes aware that an owner or occupant has failed to abate any unlawful marijuana cultivation within fourteen (14) days of the date of service of the Notice and Order, unless timely appealed, or of the date of the decision of the Board of Supervisors requiring such abatement, the Enforcing Officer may take one or more of the following actions:

55.2.8.7.1Enter upon the property and abate the nuisance. The Enforcing Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the abatement work, if necessary; and/or

55.2.8.7.2Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance.

55.2.8.8 Accounting. The Enforcing Officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the Board of Supervisors showing the cost of abatement and the administrative costs for each parcel.

55.2.8.9 Notice of Hearing on Accounting; Waiver by Payment. Upon receipt of the account of the Enforcing Officer, the Clerk of the Board of Supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner and include therewith a notice informing the owner that, at a date and time not less than five (5) business days after the date of mailing of the notice, the Board of Supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the Enforcing Officer prior to the time set for the hearing by the Board of Supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.

55.2.8.10 Hearing on Accounting.

55.2.8.10.1At the time fixed, the Board of Supervisors shall meet to review the report on the accounting by the Enforcing Officer. An owner may appear at said time and be heard on whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner, is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.

55.2.8.10.2The report and the accounting of the Enforcing Officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.

55.2.8.10.3 Modifications. The Board of Supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.

55.2.8.10.4 Special Assessment and Lien. The Board of Supervisors may order that the cost of abating nuisances pursuant to this Section and the administrative costs as confirmed by the Board be placed upon the County tax roll by the County Auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The Board of Supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.

55.2.8.11 Enforcement by Civil Action. As an alternative to the procedures set forth in this Section the County may abate the violation of this Section by the prosecution of a civil action through the Office of the County Counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Section or requiring compliance with other terms.

55.2.8.12 No Duty to Enforce. Nothing in this Section shall be construed as imposing on the enforcing officer or the County of Humboldt any duty to issue an Notice and Order, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the enforcing officer nor the County of Humboldt shall be held liable for failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.

55.2.8.13 Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. Nothing in this Section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.

55.2.8.14 Other Nuisance. Nothing in this Section shall be construed as a limitation on the County’s authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.

55.2.9 Best Practices. The following guidelines are advisory and represent “good neighbor” cultivation practice recommendations designed to insure compatibility with adjacent land uses, medicine safety, and responsible environmental stewardship.

55.2.9.1 Low Odor Strains. To alleviate the potential the potential for unwelcome odors escaping beyond the property and affecting neighboring residents during the flowering period, cultivation of low odor strains is recommended.

55.2.9.2 Greenhouses. If cultivating within a greenhouse, invest in a permanent greenhouse with a poured concrete or similar foundation, walls and roof made using tempered glass or other similarly durable solid material, and a filtration system to minimize odors.

55.2.9.3 Water Supply. To reduce potential impacts on neighboring rivers and streams and the fish and wildlife that depend on these ecosystems, cultivating using water from a municipal source or rain catchment system. If a private water system must be used, maintain sufficient water storage capacity to satisfy or supplement watering needs during the driest months, July 15th through November 1st.

55.2.9.4 Potential Toxics. Avoid use of chemicals and other potentially harmful substances on or near medical marijuana or the area where medical marijuana is being cultivated. Grow, process, and store medical marijuana in as “organic” and safe a fashion as possible to reduce potential adverse effects during use by medical patients who are ill and may have compromised immune systems.

55.2.9.5 Best Practices. Review and consider implementing the recommendations contained in Best Management Practices –Northern California Farmer’s Guide. (Ord. 2523, Section 4, 10/28/2014)

55.3 MEDICAL CANNABIS DISPENSARIES

55.3.1 Authority and Title. This section applies to all medical cannabis Dispensaries, as defined in this Code.

55.3.2 Purpose and Intent. The purpose of this Section is to minimize the negative land use impacts that can be associated with the dispensing of medical cannabis by a Dispensary, as defined herein, to a qualified patient and to facilitate local implementation of the California Medical Cannabis Regulation and Safety Act (“MCRSA”).

55.3.2.1The further purpose of this Section is to minimize the negative land use impacts that can be associated with the sale or testing of cannabis to adults twenty-one (21) years of age or older and to facilitate the local implementation of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) (SB 94), and as it may subsequently be amended. (Ord. 2588, Section 3, 11/14/2017)

55.3.3 Applicability and Interpretation.

55.3.3.1These regulations shall apply to the locating and permitting of medical cannabis Dispensaries in zoning districts which authorize this use, as specified under Section 55.3.8.2 of this Code.

55.3.3.2The distribution of medical cannabis by medical cannabis Dispensaries within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the distribution existed or occurred prior to the adoption of this Code.

55.3.3.3All distribution of medical cannabis by medical cannabis Dispensaries, as defined herein, regardless of whether the use was previously approved by the Humboldt County Planning Commission or the Humboldt County Board of Supervisors, shall come into full compliance with these regulations within one (1) year of the adoption of the ordinance establishing this Code.

55.3.3.4Nothing in this Code is intended, nor shall it be construed, to exempt the dispensing of medical cannabis by a dispensary or delivery service, as defined herein, from compliance with the Humboldt County zoning and land use regulations, as well as other applicable provisions of the County Code, or compliance with the MCRSA and any other applicable state laws.

55.3.3.5Nothing in this Code is intended, nor shall it be construed, to exempt medical cannabis Dispensaries as defined herein, or other cannabis-related activities governed by these regulations from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

55.3.3.6Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting medical cannabis Dispensaries.

55.3.3.7The definitions in this Code are intended to apply solely to the regulations herein. Applicable definitions in Humboldt County Code section 314-135 et seq. and section 111-1 et seq. may also apply to this Code.

55.3.3.8Adult Use Retail Sales facilities are a conditionally permitted use, subject to the same permit requirements that apply pursuant to Humboldt County Code Sections 314-55.3, et seq. applicable to Medical Cannabis Dispensaries. All regulations applicable to permitting of Medical Cannabis Dispensaries shall be applicable to Adult Use Retail Sales facilities, except those limiting sales exclusively to medical cannabis. (Ord. 2588, Section 4, 11/14/2017)

55.3.3.9Permits issued for Medical Cannabis Dispensaries pursuant to Section 314-55.3 as set forth in Ordinance No. 2554 shall remain valid, and shall be governed by the terms and conditions of the approved permit, including those limiting distribution and sales to qualified patients with a recommendation from a licensed California physician, consistent with state provisions for medicinal use. Any Dispensary operating under a local permit approved prior to the effective date of the ordinance adding section 55.3.3.8 may seek a modification of the permit to authorize the sale of cannabis to an adult twenty-one (21) years of age or older who is not a qualified patient with a physician recommendation. Modification of the permit may be authorized as provided under section 312-11 of these regulations. Approval of the modification must be made by the Planning Commission or Zoning Administrator, at a public hearing for which notice has been provided pursuant to section 312-8. Holders of such permits may apply for state licenses for either medicinal or adult use retail sale license categories, or any combination thereof as may be permitted under state statute and regulations. (Ord. 2588, Section 4, 11/14/2017)

55.3.4 Severability. If any provision of this Code, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this Code that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this Code are severable.

55.3.5 Release of Liability and Hold Harmless. As a condition of approval for any conditional use permit and coastal development permit approved for medical cannabis Dispensaries, as defined herein, the owner or permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the operations of medical cannabis Dispensaries and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise out of the handling or dispensing of medical cannabis.

55.3.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code.

Any violation of this Code shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable state and county laws.

55.3.7Repealed by Ord. 2599, § 3, 5/8/2018.

55.3.8 General Provisions. This section applies to all medical cannabis Dispensaries, as defined in this Code.

55.3.8.1All medical cannabis Dispensaries shall operate in compliance with this Code, the MCRSA, and all other applicable state and local laws.

55.3.8.2Medical cannabis Dispensaries shall only be allowed in specifically enumerated zones with a valid business license, and a conditional use permit issued pursuant to Section 312-3.1 of the code. Zoning districts where a Dispensary may be located are C-1, C-2, C-3, MB, ML, MH.

55.3.8.3The fact that applicants possess other types of state or county or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a conditional use permit from the County of Humboldt to operate a Dispensary within the jurisdiction of the County.

55.3.8.4Dispensaries shall at all times be operated in such a way as to ensure the safety of patients and staff; to ensure the security of the medical cannabis; and to safeguard against the diversion of medical cannabis for non-medical purposes.

55.3.9 Medical Cannabis Dispensary Requirements. In addition to all other requirements for a conditional use permit and coastal development permit, all of the following terms and provisions must be met in order for the Planning Commission to consider granting or renewing a conditional use permit or coastal development permit to operate a medical cannabis Dispensary:

55.3.9.1Preparation of a hazardous materials storage, handling, and disposal plan approved by the Division of Environmental Health, if applicable.

55.3.9.2The Planning Commission shall specifically regulate the location of medical cannabis Dispensaries by considering the potential impacts and cumulative impacts of proposed medical cannabis Dispensaries to the community area as a whole and specifically on the following existing uses located within a 600 foot radius of a proposed Dispensary, regardless of whether those existing uses are located within the jurisdiction of the County. The Planning Commission shall have the discretion to deny a conditional use permit for any proposed medical cannabis Dispensary within 600 feet of the following uses if the Commission determines that the impacts of a proposed Dispensary have the potential to be significant on the following uses:

55.3.9.2.1Residential neighborhoods and their inhabitants;

55.3.9.2.2Church, as defined herein;

55.3.9.2.3Playgrounds, public parks, libraries, licensed day care facilities, and places where children congregate, as defined herein;

55.3.9.2.4Residential treatment facilities, as defined herein; and

55.3.9.2.5The cumulative impacts resulting from the addition of another cannabis dispensary, delivery service or other distribution or transfer facility when there are others within a 600 foot radius of the proposed new facility.

55.3.9.3No medical cannabis Dispensaries, operators, establishments, or providers who possess, cultivate, or distribute medical cannabis shall be located within a 600-foot radius of a school [Health & Safety Code section 11362.768 (b)]. This distance shall be measured in a straight line from the property line of the school to the property line of the medical cannabis dispensing facility, operator, establishment, or provider.

55.3.9.4Submission of an Operations Manual and compliance with the Operating Standards, pursuant to sections 55.3.10 and 55.3.11 of this Code.

55.3.10 Operations Manual. Notwithstanding any other regulations or requirements for submitting an application for a conditional use permit, medical cannabis Dispensaries shall submit to the Planning Commission an Operations Manual which provides for the following:

55.3.10.1Authorization for the County, its agents, and employees, to seek verification of the information contained within the conditional use permit application, the Operations Manual, and the Operating Standards at any time before or after the conditional use permit is issued; and

55.3.10.2A description of the staff screening processes, which shall include a requirement for criminal background checks; and

55.3.10.3The hours and days of the week when the Dispensary will be open; and

55.3.10.4Text and graphic materials showing the site, floor plan and facilities. The material shall also show structures and land uses within a 600 foot radius; and

55.3.10.5A description of the security measures located on the premises, including but not limited to, lighting, alarms, and automatic law enforcement notification, and how these will assure the safety of staff and clients and secure the medical cannabis against diversion for non-medical purposes; and

55.3.10.6A description of the screening, registration and validation process and procedures for qualified patients and primary caregivers; and

55.3.10.7A description of qualified patient records acquisition and retention procedures and policies; and

55.3.10.8A description of the processes, procedures and inventory controls for tracking the disparate strains, the source of supply, and amounts of medical cannabis that come in and go out of the Dispensary; and

55.3.10.9Description of measures taken to minimize or offset the carbon footprint from operational activities; and

55.3.10.10Description of chemicals stored, used and any effluent discharged as a result of operational activities; and

55.3.10.11The procedure, documentation, and notice process for assuring the quality and safety of all medical cannabis distributed; and

55.3.10.12The procedure and documentation process for determining patient dosage, including any testing for the major active agents in medical cannabis offered to qualified patients, such as cannabinoids tetrahydrocannabinol (THC), Cannabidiol (CBD), and Cannabinol (CBN); and

55.3.10.13Any other information as may be requested by the County, its employees, and/or by the Planning Commission; and

55.3.10.14Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change.

55.3.11 Operating Standards. Notwithstanding any other regulations or requirements, medical cannabis Dispensaries shall comply with all of the following operating standards:

55.3.11.1Dispensaries that function as medical cannabis delivery services shall not operate from an address of convenience located in a residential zone, as this category of business is not eligible for an address of convenience. Medical cannabis delivery services shall only operate from a “store-front” Dispensary in a commercial or industrial zone with an approved conditional use permit; and

55.3.11.2Medical cannabis Dispensaries may not be operated by any persons who have been convicted of a felony in the last five (5) years; and

55.3.11.3No dispensing of medical cannabis to an individual qualified patient shall be permitted more than twice a day; and

55.3.11.4The hours of operation of medical cannabis Dispensaries shall be no earlier than 10 a.m. and no later than 7 p.m.; and

55.3.11.5Medical cannabis Dispensaries shall only provide medical cannabis to an individual qualified patient who has a valid, verified physician’s recommendation issued in the State of California. Dispensaries shall verify on an annual basis, or more frequently if required by the State of California, that the physician’s recommendations of their clients are current and valid; and

55.3.11.6Dispensaries shall display their client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the Dispensary. A copy of the client rules and/or regulations shall be provided to the qualified patient by a medical cannabis delivery service; and

55.3.11.7Repealed by Ord. 2599, § 2, 5/8/2018.

55.3.11.8Each building entrance to a medical cannabis Dispensary shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are qualified patients and they are accompanied by their parent or legal guardian; and

55.3.11.9No medical cannabis Dispensary or delivery service shall provide medical cannabis to any qualified patient or holder of a medical cannabis recommendation who is under 18 unless their parent or guardian has previously given written permission that is on file with the delivery service and that same parent or guardian is present to accept the delivery of medical cannabis; and

55.3.11.10All medical cannabis Dispensaries shall display a copy of the inspection receipt issued by the Humboldt County Sealer of Weights and Measures for all weighing and measuring devices; and

55.3.11.11All medical cannabis dispensed by Dispensaries must be obtained in accordance with the MCRSA and other applicable state and local laws; and

55.3.11.12Dispensaries must comply with sections 313-87.3 and 314-87.2 of the County Zoning Regulations; and

55.3.11.13An up-to-date inventory of all hazardous materials stored and used onsite shall be maintained on the premises of the Dispensary with a copy of this inventory provided to the Humboldt County Division of Environmental Health; and

55.3.11.14Medical cannabis Dispensaries shall maintain all necessary permits, and pay all required taxes and fees. Dispensaries shall also provide invoices to vendors to ensure vendor’s tax liability responsibility; and

55.3.11.15Medical cannabis Dispensaries shall implement their policies and procedures as outlined in their Operations Manual as approved by the Planning Commission. Any deviations from or changes in the Operations Manual or in the Operating Standards must be conveyed to the Humboldt County Planning and Building Department in writing within thirty (30) days of the change; and

55.3.11.16Medical cannabis Dispensaries shall comply with any and all conditions of their conditional use permit.

55.3.12Performance Review Reports

55.3.12.1Medical cannabis Dispensaries shall submit a “Performance Review Report” on an annual basis from their initial date of operation for review and approval by the Planning Commission. The Planning Commission may delegate review of the annual Performance Review Report to the Zoning Administrator at the time of the initial hearing or at any time thereafter. This annual “Performance Review Report” is intended to identify the effectiveness of the approved conditional use permit, Operations Manual, Operating Standards, and conditions of approval, as well as the identification and implementation of additional procedures as deemed necessary. In the event the Planning Commission identifies problems with specific CCDF that could potentially lead to revocation of the associated conditional use permit pursuant to section 312-14 of the Humboldt County Code, the Planning Commission may require the submittal of more frequent “Performance Review Reports”.

55.3.12.2Medical cannabis Dispensaries shall be inspected by the Humboldt County Sheriff or his/her designee, and/or employees of the Humboldt County Planning and Building Department and/or the Code Enforcement Investigator on an annual basis, or more frequently as requested by the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1) to determine if the Dispensary is in compliance with its conditional use permit, Operating Standards, and Operations Manual. After payment of the inspection fees as indicated in the following section, a copy of the results from this inspection shall be given to the Dispensary for inclusion in their “Performance Review Report” to the Planning Commission (or the Zoning Administrator if authority is delegated per section 55.3.12.1).

55.3.12.3Inspection and review fees pursuant to the County’s adopted schedule of fees and charges, as amended from time to time by the Board of Supervisors, shall be paid by medical cannabis Dispensaries and accompany the “Performance Review Report” for costs associated with the inspection and the review of the report by County staff.

55.3.12.4Non-compliance by medical cannabis Dispensaries in allowing the inspection by the above-mentioned County personnel, or refusal to pay the required fees, or non-compliance in submitting the annual “Performance Review Report” for review by the Planning Commission shall be deemed grounds for a revocation of the conditional use permit and/ or subject the holder of the permit to the penalties outlined in this Code, above.

55.3.13Permit Revocation & Transfer

55.3.13.1A conditional use permit shall be revoked or modified according to Humboldt County Code Section 312-14 (Revocation Procedures). Permit revocation or modification shall be sought for non-compliance with one or more of the requirements listed in this Code, for failure to comply with the requirements of the Humboldt County Certified Unified Program Agency (CUPA), or for the grounds listed in Section 312-14.1 and any successor provisions.

55.3.14.1Conditional use permits to operate a medical cannabis Dispensary may be transferred upon approval by the Planning Commission after a noticed public hearing.

55.3.15Repealed by Ord. 2599, § 3, 5/8/2018.

55.3.16 Medical Cannabis Business Offices. Business offices for medical cannabis Dispensaries at which no cultivation, processing, storage, handling, or distribution of cannabis in any form occurs shall be allowed in any zone in which business offices are allowed. Medical cannabis business offices shall be subject to all the regulations and standards applicable to business offices in the Humboldt County Code. (Ord. 2554, Sec. 4, 7/19/2016)

55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE INLAND AREA

55.4.1 Authority and Title. This section shall be known as the commercial cannabis land use ordinance (CCLUO), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Inland Area of the County of Humboldt.

55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment, increases public awareness, and community health and safety while creating a clear and attainable path for operators to follow and authorities to enforce.

These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.

This section is not intended to supersede the provisions of Section 313-55.1, 314-55.1, 313-55.2, or 314-55.2 concerning cultivation of medical marijuana for personal use by patients or caregivers, or contravene the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.

55.4.3 Applicability and Interpretation.

55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt outside of the coastal zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. Applications for commercial cannabis activity land use permits filed on or before December 31, 2016, shall be governed by the regulations in effect at the time of their submittal, except as follows and is otherwise prescribed herein. Zoning clearance certificate applications for open air cultivation filed on or before December 31, 2016, shall be controlled by the provisions of Section 314-55.4.6.7.

55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area regulations as well as other applicable provisions of the County Code.

55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis, from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.

55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 314-135 et seq. and Section 111-1 et seq. may also apply to this section.

55.4.3.5 A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCLUO for any commercial cannabis activity regulated by this section or Section 314-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.

55.4.3.6 Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”

55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.

55.4.3.8 Zoning clearance certificates and permits issued for commercial cannabis activities pursuant to the commercial medical marijuana land use ordinance (CMMLUO) as set forth in this section shall remain valid, and shall be governed by the terms and conditions of this section until such time as the permit is modified. Holders of such permits may apply for State licenses for either medicinal or adult use license categories, or any combination thereof as may be permitted under State statute and regulations.

55.4.3.9 Notwithstanding the provisions of the right to farm ordinance, Section 314-43.2.6, the commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the general agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, or use permit, and the person engaged in such activity must obtain all required State licenses and permits.

55.4.3.10 Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any zoning district other than those zoning districts where it is expressly permitted.

55.4.3.11 The fact that an applicant possesses other types of State, County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.

55.4.3.12 No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, or use permit required under this section.

55.4.3.13 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.

55.4.4 Definitions.

“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.

“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.

“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.

“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.

“Captured rainfall” means catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.

“Category 4 roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Division 2 of this title.

“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.

“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.

“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.

“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”

“Cultivation site” means the location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.

“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.

“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.

“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from aboveground irrigation.

“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light, or indoor.

“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.

“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method to make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.

“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.

“Forbearance period” means the calendar days during which water may not be diverted from a water body. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.

“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.

“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.

“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.

“Irrigation” means use of water by any commercial cannabis cultivation activity.

“Licensee” means a person issued a State license to engage in commercial cannabis activity.

“Local water source” means water withdrawal from a water body occurring on the same parcel(s) or premises, or in their vicinity.

“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.

“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than 10,000 square feet, distribution, manufacturing without use of volatile solvents, and retail sales.

“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.

“Nondiversionary water source” means not involving the withdrawal of water from a water body.

“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a conversion of timberland, conducted prior to January 1, 2016.

“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.

“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.

“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.

“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.

“Outdoor” means outdoor cultivation using no artificial lighting.

“Parcel” means the same as the definition of “lot” found under Section 314-147.

“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder. “Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or group holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument shall not be considered a “person” for purposes of this section.

“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence. The maximum cultivation area that may be recognized is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above.

“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.

“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.

“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.

“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”

“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community service districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic.

“Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.

“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.

“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from one hundred percent (100%) renewable source.

“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.

“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. Retailer shall include medical cannabis dispensaries, as defined in and regulated by Section 314-55.3.

“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.

“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.

“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.

“Slope” means natural grade as defined in Section 314-142, which has not been filled or graded after January 1, 2016.

“State license,” or “license,” means a State license issued pursuant to MAUCRSA.

“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.

“Timberland” means land, which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.

“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the tribal council or equivalent body.

“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.

“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by nontribal members.

“Water body” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Water body” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.

55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.

55.4.5.1 Special Area Provisions.

55.4.5.1.1 No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.

55.4.5.1.2 No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.

55.4.5.1.3 A special permit shall be required for any commercial cannabis activity in a TPZ zoning district, when authorized pursuant to Section 314-55.4.6.5 (preexisting cultivation sites).

55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.

55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the community planning areas (CPAs) identified herein. For purposes of determining the Trinidad planning area, the Trinidad general plan shall be utilized.

55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 314-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.

The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.

55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.

55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation.

The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their tribal historic preservation officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).

55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, or use permit for commercial cannabis activity, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.

55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.

Any violation of this section, including, but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of this title.

Whenever permit applicants seeking permits for new commercial activities initiate operations ahead of permit issuance or preexisting cultivation site operators seeking permits expand cultivation operations ahead of permit issuance the Director shall have discretion to:

55.4.5.3.1 Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;

55.4.5.3.2 Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings; or

55.4.5.3.3 Resolve the violations and proceed with processing of the application.

55.4.5.4 Permit Limits and Permit Counting.

55.4.5.4.1 No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 314-55.4.6.1.2.3.

55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable clearance or permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to five thousand (5,000) square feet may be permitted on a parcel of between five (5) and ten (10) acres with a zoning clearance certificate per Section 314-55.4.6.1.2.1.1).

55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Any commercial cannabis activity zoning clearance certificate, special permit, or use permit issued pursuant to this section shall expire after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.

55.4.5.7 Annual Inspections. If the Inspector or other County official determines that the site does not comply with the conditions of approval, the Inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed. Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed time frames, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.

55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the Inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.

55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.

55.4.5.8.2 The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.

55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.

55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.

55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries shall be principally permitted with a zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified:

55.4.6.1 Eligibility Criteria – Resource Production and Residential Areas.

55.4.6.1.1 Zoning. AE, AG, FR, and U when accompanied by a resource production general plan land use designation (not including timberland) or residential land use designation requiring parcel sizes of more than five (5) acres.

55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area.

55.4.6.1.2.1Five (5) acre minimum parcel size, on parcels between five (5) and ten (10) acres in size:

55.4.6.1.2.1.1Up to five thousand (5,000) square feet of cultivation area with a zoning clearance certificate;

55.4.6.1.2.1.2Up to 10,000 square feet of cultivation area with a special permit.

55.4.6.1.2.2On parcels ten (10) acres or larger in size:

55.4.6.1.2.2.1Up to 10,000 square feet of cultivation area with a zoning clearance certificate;

55.4.6.1.2.2.2Up to 43,560 square feet of cultivation area with a special permit.

55.4.6.1.2.3On parcels three hundred twenty (320) acres or larger in size, up to 43,560 square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit, up to a maximum of eight (8) acres can be permitted. All cultivation areas must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.

55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.

55.4.6.2.1 Zoning. C-3, ML, MH, and U when accompanied by a commercial or industrial general plan land use designation, or where previously developed for a lawful industrial or commercial use.

55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.

55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a zoning clearance certificate.

55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit.

Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse.

55.4.6.3 Eligibility Criteria – All Areas.

55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use.

55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier. Water from on-site greywater systems is also authorized for year-round use. Dry farmed outdoor or mixed-light cultivation sites may utilize irrigation from diversionary sources for propagation areas and transplantation. Irrigation water sourced from diversionary sources may be permitted with a special permit pursuant to the streamside management area ordinance, Section 314-61.1, and subject to the performance standards for diversionary water use.

55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 314-55.4.12.1.8.

55.4.6.4 Siting Criteria – All Areas.

55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less.

55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016.

55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. Exceptions to the in native soil planting requirement may be considered with a use permit. Where an exception is sought, the use permit application shall include evidence demonstrating that in the circumstances of the particular cultivation site, it is better to not plant within the native soils. An exception shall only be approved if it can be demonstrated that the native soil will not be impaired or damaged.

55.4.6.4.4 Setbacks.

55.4.6.4.4.1 Standard Setbacks. Cultivation site(s) must observe all of the following setbacks:

55.4.6.4.4.1.1 Property Lines. Thirty (30) feet from any property line.

55.4.6.4.4.1.2 Residences and Undeveloped Parcels. Three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.

55.4.6.4.4.1.3 Sensitive Receptors. Six hundred (600) feet from a church or other place of religious worship, public park, tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.

55.4.6.4.4.1.4 Tribal Ceremonial Sites. One thousand (1,000) feet from all tribal ceremonial sites.

55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.

55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet may be allowed with a special permit; provided, that advance notice is given to the person or agency responsible for managing or supervising the management of those lands. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.

55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.

55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.

55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including surface water diversions, agricultural wells, and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting streamside management areas (SMAs) or other wet areas, as identified and described under Section 314-61.1. Under certain circumstances, a special permit may be required.

55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 314-55.4.5.1.4 are subject to the following enhanced setbacks, unless confined within enclosed structures:

55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area;

55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.

55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 314-55.4.6.4.4.2.1 and 314-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.

55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of this section are not applicable to any commercial cannabis activities conducted on a parcel zoned MH or lands planned for General Industrial uses (IG).

55.4.6.5 Accommodations for Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards may be permitted within AE, AG, RA, FR, FP, TPZ, and U zoning districts, where accompanied by a resource production general plan land use designation or residential land use designation requiring parcel sizes of more than five (5) acres. Expansion of preexisting cultivation sites is prohibited where located within TPZ zones or U zones where the general plan land use designation is timberland. For other areas, where the size of a preexisting cultivation site is smaller than the allowed cultivation area which can be permitted, the site may be expanded to the maximum allowed for the applicable parcel size and permit type within existing nonforested areas with slopes of fifteen percent (15%) or less.

Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.

Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented preexisting cultivation area and applications for preexisting cultivation submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area. No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.

55.4.6.5.1 Small Cultivation Sites. On parcels five (5) acres or larger in size, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a zoning clearance certificate, subject to the following additional requirements and allowances:

55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence before January 1, 2016.

55.4.6.5.1.2Not more than one (1) cultivation permit may be issued for the same parcel.

55.4.6.5.1.3The road systems performance standards in Section 314-55.4.12.1.8.1 shall not apply.

55.4.6.5.1.4The road systems performance standards in Sections 314-55.4.12.1.8.3 and 314-55.4.12.1.8.4 shall apply as follows:

55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 314-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 314-55.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.

55.4.6.5.1.4.2Improvements must be implemented within two (2) years of approval of the provisional permit. The time frame for completing improvements may be extended for cause by the Director of Planning and Building.

55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.

55.4.6.5.2 On an AE zoned parcel less than one (1) acre in size, up to two thousand five hundred (2,500) square feet of cultivation area may be permitted with a special permit.

55.4.6.5.3 On parcels between one (1) acre and five acres in size, up to three thousand (3,000) square feet of cultivation area may be permitted with a special permit.

55.4.6.5.4 A cultivation site located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a special permit.

55.4.6.5.5 In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit, subject to all applicable performance standards.

55.4.6.5.6 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation. In TPZ zones and U zones (with a land use designation of timberland) the use of generators and mixed-light cultivation is prohibited. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.

55.4.6.5.6.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.

55.4.6.5.6.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:

55.4.6.5.6.2.1Keeping of ancillary mother plants off-site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.

55.4.6.5.6.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).

55.4.6.5.6.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.

55.4.6.5.7 Provisional Permitting. An application for a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event no more than two (2) years after the date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall then act as Hearing Officer.

As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.

55.4.6.5.8 Myers Flat Community Area. In the Myers Flat Community Area, on any sized parcel, the cultivation area of a preexisting site may be permitted with a special permit, up to a maximum of three thousand (3,000) square feet. Expansion is prohibited on parcels less than one (1) acre in size. The cultivation area setback requirement specified in Section 314-55.4.6.4.4.1.1 shall be reduced to the setbacks applicable to the underlying principal zoning district. The cultivation area setback from residence requirement specified in Section 314-55.4.6.4.4.1.2 shall only apply to permanent residences constructed with approved building permits. Temporary use of an RV for up to six (6) months may be permitted in conjunction with cannabis cultivation if permitted pursuant to Section 314-81.1.1.5.1.

55.4.6.5.9 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:

55.4.6.5.9.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that were in operation at any time between January 1, 2006, and January 1, 2016, and are located in TPZ, RA, U, AG, FR or AE zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 314-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.

55.4.6.5.9.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting the eligibility criteria specified in Section 314-55.4.6.1 or 314-55.4.6.2 and the siting criteria specified in Sections 314-55.4.6.4 through 314-55.4.6.8, as well as all applicable performance standards specified in Section 314-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 314-55.4.5.1.4. Applications for RRR sites shall not be accepted after December 31, 2018.

55.4.6.5.9.3Operators of RRR sites shall be eligible to receive a zoning clearance certificate for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger 20,000 square feet. Operators of RRR sites with a cultivation area exceeding 20,000 square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a special permit.

55.4.6.5.9.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k). More than one (1) RRR site zoning clearance certificate may be granted on relocation site parcels of ten (10) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation zoning clearance certificates issued for that parcel does not exceed twenty percent (20%) of the area of the relocation site parcel. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.

55.4.6.5.9.5In order to receive the benefits specified in Section 314-55.4.6.5.9.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities. The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so. The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt, shall on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.

55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis activities, including but not limited to bags, pots or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis and cannabis waste products, imported soil and soil amendments not incorporated into native soil, generators, pumps, and structures not associated with noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.

For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 314-55.4.5.3 and Chapter 1 of Division 5 of this title.

55.4.6.7 Zoning Clearance Certificates for Open Air Cultivation Submitted under Prior Ordinance – Provisions for Neighborhood Compatibility. Where located in or within one thousand (1,000) feet of any incorporated city, sphere of influence (SOI) of any incorporated city, tribal lands, or within any of the following mapped community planning areas: Blue Lake, Fieldbrook-Glendale, Fortuna, Hydesville-Carlotta, McKinleyville, Rio Dell-Scotia, Shelter Cove, Trinidad-Westhaven, and Willow Creek, zoning clearance certificate applications submitted prior to January 1, 2017, shall be subject to compliance with the following provisions, which are designed to ensure compatibility with surrounding land uses and control of potential nuisance, and are hereby retroactively applicable. For purposes of determining the Trinidad planning area, the city of Trinidad general plan shall be utilized.

55.4.6.7.1 Where there is no public controversy associated with an application, within three (3) months of effective date of this ordinance, the applicant may request the pending permit application or approved permit be considered or reconsidered as a special permit. If following appropriate public notice, there is no opposition to the special permit, the permit may be approved. In situations where there is public controversy, applicants and operators must choose to comply with one (1) of the following options:

55.4.6.7.1.1Demonstrate all areas of open air cultivation activities maintain setbacks of six hundred (600) feet or greater from any residence(s) located on a separately owned parcel, and are located six hundred (600) feet or greater from any residentially zoned area or applicable community planning area boundary.

55.4.6.7.1.2Confine all open air cultivation activities to enclosed structures.

55.4.6.7.1.3 Secure a Conditional Use Permit. In considering the use permit request, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.

55.4.6.7.1.4 Request Permit Cancellation. Permit holders shall be eligible for relocation incentives pursuant to the provisions of Section 314-55.4.6.5.9 and may be required to perform remediation of the site, where necessary.

55.4.6.7.2 Within ten (10) working days of these provisions becoming effective, the Department will provide written notice to all applicants and permit holders of sites subject to these provisions. The notice will include a ninety (90) day deadline for applicants and permit holders to provide a written decision to the Planning and Building Department declaring which option has been chosen to achieve compliance with this section. Failure to provide a timely response is a violation of the ordinance and shall be grounds for permit cancellation, penalties and enforcement pursuant to Section 314-55.4.5.3.

55.4.6.7.3 Permittees must obtain approval of all plans within eighteen (18) months of receiving written notice pursuant to Section 314-55.4.6.7.2, and must complete all work within thirty-six (36) months of the effective date of these provisions.

55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) shall be equally distributed among each of the twelve (12) discrete planning watersheds of Humboldt County as directed by the Board of Supervisors by resolution.

Once the permit cap for a given watershed has been reached, no additional permit applications for open air cultivation activities will be processed until the Planning Commission and Board of Supervisors consider an analysis of the state of the watershed and approves an increase in the cap. The analysis shall include review of water flow data and applicable studies or information prepared by State and local agencies and recommendations from the following State agencies: California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, State Water Resources Control Board, and the Department of Forestry and Fire Protection.

55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 314-55.4.6.4.4.1.3 and 314-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 314-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3.

55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Sections 314-55.4.6.1.1 (AE, AG, FR, and U) and 314-55.4.6.2.1 (C-3, ML, MH, and U), as well as C-2 and MB zones, distribution, off-site processing, enclosed nurseries, community propagation centers shall be principally permitted with a zoning clearance certificate when meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3. Cannabis support facilities may also be permitted in CH and MB zones with a special permit, where meeting all applicable performance standards, as well as the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.

55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate in C-2, C-3, MB, ML, MH zones, or U (when accompanied by a commercial or industrial general plan land use designation) or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, and 314-55.4.6.4.3.

55.4.7.3 Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.8

55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 and comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4, and 314-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 314-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:

55.4.8.1.1 Within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate, but may only be conducted within a nonresidential structure which was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size, with a special permit, up to 10,000 square feet of indoor cultivation may be permitted within a new or existing commercial structure, where the building is also approved and utilized for cannabis support facilities. All properties must meet the locational criteria of Section 314-55.4.8.1.3 (no exceptions permitted) and the structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel. The cultivation area of the indoor facility shall be included in the calculation of total cultivation area of the parcel, where determining conformance with the (parcel size-specific) cultivation acreage limits of Section 314-55.4.6.1.2.3.

55.4.8.1.2 Within those zones specified under Section 314-55.4.6.2.1 (C-3, ML, MH, and U) and C-2 as part of a microbusiness provided all cannabis activities occur within a building that is two (2) stories or less in height, cultivation area is limited to two thousand five hundred (2,500) square feet, and where the cultivation and cannabis activities are in scale with the surrounding community.

55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted with a zoning clearance certificate.

55.4.8.1.2.2Up to 10,000 square feet of cultivation area may be permitted with a special permit.

55.4.8.1.2.3A use permit shall be required where more than one (1) clearance or permit is being sought on a parcel.

55.4.8.1.3 Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and sensitive habitat.

55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 314-55.4.6.3.1 and 314-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 314-55.4.6.4.1, 314-55.4.6.4.2, 314-55.4.6.4.3, and 314-55.4.6.4.4.1.3, 314-55.4.6.4.4.1.4 and 314-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 314-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:

55.4.8.2.1 Flammable Extraction.

55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit in the MH zone, as well as the U zoning district, when accompanied by the industrial general (IG) land use designation.

55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit in the C-3 and ML zones, as well as the U zoning district, where previously developed with a lawful heavy industrial use.

55.4.8.2.1.3Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U), on properties meeting the locational criteria of Section 314-55.4.8.2.3.3 (no exceptions permitted) where conducted within the footprint of a nonresidential structure that was in existence prior to January 1, 2016. On parcels three hundred twenty (320) acres or larger in size or on parcels with a minimum of forty (40) acres where an agricultural cooperative association is the applicant, flammable extraction may also be permitted within a new commercial structure. The structure must be sited and designed to minimize the fragmentation of usable agricultural land on the parcel.

55.4.8.2.1.4All manufacturing activities involving flammable extraction must be conducted within a commercial structure. Where located within those zones specified under Sections 314-55.4.8.2.1.2 and 314-55.4.8.2.1.3, the structure must meet or exceed the following special setbacks:

55.4.8.2.1.4.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 314-55.4.5.1.

55.4.8.2.1.4.2One thousand (1,000) feet from any residence located on a separately owned parcel.

55.4.8.2.1.4.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.

55.4.8.2.1.4.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.

55.4.8.2.2 Nonflammable Extraction.

55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be principally permitted subject to issuance of a zoning clearance certificate within the C-3, ML, and MH zones, as well as the U zoning district, when accompanied by an industrial land use designation.

55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit within CH, C-2, C-3, MB, ML, and MH zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.

55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit within those zones specified under Section 314-55.4.6.1.1 (AE, AG, FR, and U).

55.4.8.2.3 Infusion.

55.4.8.2.3.1Manufacturing activities involving infusion may be principally permitted subject to issuance of a zoning clearance certificate within the CH, C-2, C-3, MB, ML, and MH zones, as well as the U zoning district, when accompanied by a commercial or industrial land use designation, or where previously developed for a lawful industrial or commercial use.

55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be principally permitted in all zones which permit cottage industry activities, when in compliance with all performance standards found within Section 314-45.1.3, or with a special permit pursuant to Section 314-45.1.4.

55.4.8.2.3.3 Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.9 Adaptive Reuse of Industrial Sites. On parcels two (2) acres or larger in size, within existing structures previously developed for a lawful heavy industrial operation, occupancy of up to one (1) acre of gross floor area may be permitted for use by commercial cannabis activities including: indoor cultivation, manufacturing, and cannabis support facilities. A zoning clearance certificate will be required for each discrete lease area. Where permitted occupancy and use of the site has reached one (1) acre, a use permit will be required to consider any further use of the site by commercial cannabis activities.

55.4.10 Other Provisions.

55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use, subject to the same permit requirements that apply pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries. All regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.

55.4.10.2 Farm-Based Retail Sales. In addition to the zones in which cannabis retail facilities may be permitted pursuant to Section 314-55.3 et seq. applicable to medical cannabis dispensaries, retail sales of cannabis products limited to those produced on the same parcel(s) or premises where the cannabis was cultivated, may occur as follows; provided, that the cultivator also obtains a State cannabis retail sale license, if necessary. Sales of any cannabis products not cultivated on the same parcel is prohibited, unless pursuant to a microbusiness permit and license. Sites hosting on-site customer traffic may be permitted with a conditional use permit. Sites without on-site customer traffic, where all goods are provided to customers through delivery, off-site pickup, or similar means to the extent authorized by law, may be permitted with a zoning clearance certificate. Farm-based retail sales are not permitted on any parcel zoned TPZ, or a parcel zoned U with an underlying land use designation of timberland.

55.4.10.3 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned FP or TPZ).

55.4.10.3.1 Locational Criteria. Adult use retail sales, farm based retail sales with on-site customer traffic, and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met. Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.

55.4.10.4 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a use permit as required by Section 314-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and city of Ferndale. Any event must be managed to ensure that (1) all cannabis vendor participants are licensed; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (3) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.

55.4.10.5 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (1) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (2) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and, (3) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.

55.4.10.6 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours. Businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate, subject to meeting the following criteria:

55.4.10.6.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.

55.4.10.6.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.

Tour businesses not meeting the above criteria may be permitted with a special permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.

55.4.10.7 Cannabis Farm Stays. Cannabis farm stays may be permitted in conjunction with a cannabis cultivation permit on properties in conformance with the public accommodation performance standards with a special permit as specified in Section 314-44.1 applicable to bed and breakfast establishments.

55.4.10.8 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities. Transportation does not include warehousing or storage of cannabis.

55.4.10.9 Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.

55.4.10.10 Interim Permitting of Preexisting Cultivation Sites. Where adequate evidence has been submitted demonstrating that a cultivation site existed prior to January 1, 2016, permit applications seeking authorization of commercial cannabis cultivation and ancillary activities at these sites shall be eligible to receive an interim permit, provided the application was filed prior to January 1, 2017, and has been determined to be complete for processing by the Director of the Planning and Building Department. Prior to issuance of any interim permit, the Department shall independently review evidence of prior cultivation and specify the size of preexisting cultivation area (if any) based upon aerial and satellite imagery, or other substantial evidence.

Approval of the interim permit is conditional and shall occur through issuance of a zoning clearance certificate and written compliance agreement on forms provided by the County. Compliance agreements will specify permit restrictions, penalties, and commitments to complete the permit process and confine continued operation to existing areas only. Violation of the compliance agreement shall be grounds for permit cancellation and disqualification of the property from future permitting.

The interim permit authorizes the permittee to seek state licensure and continue operations until completion of the local permit review process and issuance or denial of a County permit, or January 1, 2019, whichever occurs first. The Director may extend this deadline for cause. Refusal of the Director to issue or extend an interim permit shall not entitle the applicant to a hearing or appeal of the decision. Additionally, approval of any interim permit does not obligate the County to approve a noninterim permit or extension of the interim permit. Permit cancellation and disqualification of the property from future permitting shall be decided by the Zoning Administrator or the Planning Commission at a noticed public hearing. Those decisions may be appealed to the Board of Supervisors pursuant to the appeal procedures outlined under Section 312-13 of these regulations.

55.4.11 Application Requirements for Clearances or Permits. Applications may be required to include any or all of the following information, depending on permit activities and location: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, tribal cultural resources, and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a preexisting cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board.

The County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA). All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.

55.4.12 Performance Standards.

55.4.12.1 Performance Standards for All Commercial Cannabis Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.

55.4.12.1.1 Maintain compliance with all applicable State laws and County ordinances.

55.4.12.1.2 Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.

55.4.12.1.3 Where subject to State licensure, participate in local and State programs for “track and trace” once available.

55.4.12.1.4Maintain a current, valid business license at all times.

55.4.12.1.5 Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours prior notice, to be conducted by appropriate County officials during regular business hours (Monday – Friday, 9:00 a.m. – 5:00 p.m., excluding holidays).

55.4.12.1.6Pay all applicable application and annual inspection fees.

55.4.12.1.7 Comply with any special conditions applicable to the permit or premises which may be imposed.

55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable:

55.4.12.1.8.1 Standard 1 – Dead-End Road Length. Projects shall not be located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or secondary access for emergency vehicles and personnel, including wildland fire equipment.

Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.

55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:

55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a center-line stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or

55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of the road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County, including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.

55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.

55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s).

55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.

55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” which was adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:

55.4.12.1.8.3.1.1Impacts from point source and nonpoint source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain storm water from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.

55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.

55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.

55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.

55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.

55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.

55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.

55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing.

55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA secretary, or similar information.

55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.

55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.

55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.

55.4.12.1.9 The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited.

55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing new development activities shall provide the necessary information to implement the following mitigation measures from the final environmental impact report:

Mitigation Measure #

Description of Mitigation

3.4-1a

Biological reconnaissance surveys

3.4-1b

Special-status amphibian surveys and relocation/buffers

3.4-1c

Western pond turtle surveys and relocation/buffers

3.4-1d

Nesting raptor surveys and relocation/buffers

3.4-1e

Northern spotted owl surveys

3.4-1f

Special-status nesting bird surveys/buffers

3.4-1g

Marbled murrelet habitat suitability surveys/buffers

3.4-1i

American badger surveys and buffers

3.4-1j

Fisher and Humboldt marten surveys and den site preservation/buffers

3.4-1k

Bat survey and buffers

3.4-1l

Vole survey and relocation/buffers

3.4-3a

Special-status plants surveys

3.4-4

Protection of sensitive natural communities, riparian habitat, wetland vegetation

3.4-5

Waters of the United States

3.4-6b

Retention of Fisher and Humboldt marten habitat features

Exception: This section shall not apply to new development activities within the footprint of existing structures or proposed on lands planned or zoned for commercial or industrial activities.

During permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required in concert with consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites that submitted for permitting prior to December 31, 2019, within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to participate in the retirement, remediation, and relocation provisions of the proposed ordinance to relocate the cannabis cultivation to outside of the northern spotted owl activity area.

55.4.12.1.11 Hazardous Material Site Assessments and Contingency Plans. Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I environmental site assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.

55.4.12.1.11.1Where contamination at the project site has been verified, a hazardous materials contingency plan shall be submitted for County review and approval during permit review. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance.

55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.

55.4.12.1.11.3If at any time during construction, evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.

55.4.12.1.12 Storm Water Management. Applications for cannabis activities shall include a plan detailing how storm water will be addressed for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain pre-project drainage conditions, and in particular that there will be no net increase in the volume of storm water runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.

55.4.12.1.13 Management of Waste and Hazardous Materials.

55.4.12.1.13.1Applications shall include a plan for disposal of project-related waste, including: solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.)

55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a materials management plan which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment.

55.4.12.1.14 Protection of Historical Resources. Applications proposing projects which include the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s professional qualification standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.

55.4.12.1.15 Inadvertent Discovery of Archaeological and Paleontological Resources.

55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate tribal historic preservation officer(s), shall be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.

55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.

55.4.12.2 Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties. General standards applicable to all commercial cannabis activities:

55.4.12.2.1 All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).

55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies.

55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.

Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.

55.4.12.2.4 All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.

Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.

55.4.12.2.5 Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as a sudden, unexpected occurrence demanding immediate action.

55.4.12.2.6 Provide and maintain an approved means of sewage disposal.

55.4.12.2.7 All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.

55.4.12.2.8 All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.

55.4.12.3 [Reserved for Future Use]

55.4.12.4 Performance Standard for Light Pollution Control.

55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded so that no light escapes between sunset and sunrise.

55.4.12.4.2Where located on a parcel abutting a residential zoning district or proposed within resource production or rural residential areas, any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.

55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 314-55.4.5.3.

55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:

55.4.12.5.1 Grid power supplied from one hundred percent (100%) renewable source.

55.4.12.5.2 On-site renewable energy system with twenty percent (20%) net nonrenewable energy use.

55.4.12.5.3 Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.

Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.

55.4.12.6 Performance Standard for Noise at Cultivation Sites. Noise from cultivation and related activities shall not result in an increase of more than three decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three or more property lines when all cannabis related activities are not in operation.

55.4.12.6.1In TPZ zones and U zones (with a general plan land use designation of timberland), the use of generators is prohibited.

55.4.12.6.2Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result.

55.4.12.6.3The permit application must include information demonstrating compliance with the noise standards, including but not limited to:

55.4.12.6.3.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.

55.4.12.6.3.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).

55.4.12.6.3.3Details on the design of any structure(s) or equipment used to attenuate noise.

55.4.12.6.3.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.

55.4.12.7 Performance Standards for Cannabis Irrigation. A special permit shall be required where irrigation of commercial cannabis cultivation activities occurs wholly or in part using one (1) or more diversionary sources of water. All cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:

55.4.12.7.1 Documentation of Current and Projected Water Use. All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff and will be used to assist in identifying and establishing an appropriate forbearance period. At a minimum, the following items shall be included:

55.4.12.7.1.1Information identifying the cultivation season(s).

55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.

55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, showing volume in gallons.

55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.

55.4.12.7.2 Forbearance Period and Storage Requirements.

55.4.12.7.2.1 Operators of cannabis cultivation site(s) shall forbear from diversions of surface water for irrigation during periods of low or reduced stream flows, in accordance with requirements of the State Water Resources Control Board.

55.4.12.7.2.2The County may require the submittal of a water management plan prepared by a qualified person such as a licensed engineer, hydrologist, or similar licensed professional, establishing a smaller or larger water storage and forbearance period, if required, based upon local site conditions.

55.4.12.7.2.3Where subject to forbearance, the applicant shall provide a plan for developing adequate on-site water storage to provide for irrigation, based on the size of the area to be cultivated.

55.4.12.7.3 Metering and Recordkeeping.

55.4.12.7.3.1A metering device shall be installed and maintained on all discrete points of diversion or other locations of water withdrawal (including wells). The meter shall be located at or near the point of diversion or withdrawal.

55.4.12.7.3.2A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.

55.4.12.7.3.3Operators shall maintain a weekly record of water collected from diversionary sources, as well as a record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site, and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.

55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:

55.4.12.8.1 Ponds and Reservoirs.

55.4.12.8.1.1Except in limited circumstances where already permitted or existing, ponds shall be located “off-channel” from watercourses and adequately setback from streams, springs, and other hydrologic features.

55.4.12.8.1.2To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.

55.4.12.8.1.3Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from, or outlets to, a nearby stream or wetland.

55.4.12.8.1.4Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.

55.4.12.8.1.5All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting time frames.

55.4.12.8.2 Bladders and Aboveground Pools, and Similar Vessels. Use of bladders, aboveground pools, and similar vessels is prohibited. Where a preexisting cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.

55.4.12.8.3 Tanks Located in Designated Flood Zones. Tanks shall be sited at least one (1) foot above the base flood elevation or wet flood proofed and anchored.

55.4.12.9 Performance Standard for Wells on Small Parcels. Cultivation site(s) located within areas planned or zoned for lot sizes of ten (10) acres or smaller where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. These tests shall be preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring.

55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.

55.4.12.11 Existing Site Reconfiguration.

55.4.12.11.1Where an existing site does not conform to one (1) or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.

55.4.12.11.2A biological resource protection plan must be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within a streamside management area, sensitive plant community, or area of similar biological sensitivity.

55.4.12.11.3Any new timberland conversion proposed in association with cultivation site reconfiguration must not exceed the areas of existing conversion to be relocated.

Preexisting cultivation areas to be relocated must be restored to pre-disturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.

55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.

All relocated road segments must be fully decommissioned and restored to pre-disturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.

55.4.12.11.5All remediation activities shall be performed in accordance with the remediation performance standard.

55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.

55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.

55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.

55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).

55.4.12.13 Performance Standard for Remediation Activities. All remediation activities shall be conducted in accordance with the requirements for mitigation and monitoring plans described within Section 314-61.1, including the standards for documentation, reporting, and adaptive management.

55.4.12.14 Performance Standard for Public Accommodations.

55.4.12.14.1Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:

55.4.12.14.1.1Public visitation may be principally permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts or where zoned unclassified and planned for or developed with lawful commercial or industrial uses, when meeting the requirements of this section.

55.4.12.14.1.2Public visitation may be permitted with a special permit at sites located within those zones listed under Section 314-55.4.6.1.1 (AE, AG, FR, and U), when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 314-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.

55.4.12.14.1.3Visitation by the general public may include tours and tour groups, farm stays, farm-based retail sales, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a conditional use permit pursuant to Section 314-62.1.

55.4.12.14.2 The following standards apply to any commercial cannabis activity site open to the public:

55.4.12.14.2.1Sites located in those zones specified in Section 314-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. to 6:00 p.m.

55.4.12.14.2.2Restroom facilities shall be provided for visitors to the site.

55.4.12.14.2.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).

55.4.12.14.2.4Agricultural-exempt structures may not be opened to visitation by the general public.

55.4.12.14.2.5 Road System and Driveways.

55.4.12.14.2.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.12.14.2.5.2Sites shall have a driveway and turnaround area meeting the following requirements:

55.4.12.14.2.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.

55.4.12.14.2.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.

55.4.12.14.2.5.2.3A turnaround shall be within fifty (50) feet of the parking area.

55.4.12.14.2.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

55.4.12.14.2.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.

55.4.12.14.2.6 Parking.

55.4.12.14.2.6.1Sites shall provide adequately sized on-site parking for tour vehicles.

55.4.12.14.2.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.

55.4.12.15 Performance Standards for Tour Operators and Tour Sites.

55.4.12.15.1 Tour Operators. Tour operators shall comply with all of the following measures:

55.4.12.15.1.1The use of sound amplification equipment outside the tour vehicle is prohibited.

55.4.12.15.1.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.

55.4.12.15.1.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.

55.4.12.15.1.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.

55.4.12.15.2 Tour Site Eligibility Criteria. Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:

55.4.12.15.2.1The site(s) conform with the public accommodation performance standard.

55.4.12.15.2.2Visitation is restricted to vehicles in compliance with the applicable weight restriction.

55.4.12.16 Invasive Species Control. It is the responsibility of a certificate or permit holder to work to eradicate invasive species. As part of any application, the existence of invasive species on the project parcel need to be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required if invasive species are found to have returned.

55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:

55.4.13.1Cultivation area of three thousand (3,000) square feet or less.

55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.

55.4.13.3Grown exclusively with natural light.

55.4.13.4Meets organic certification standards or the substantial equivalent.

55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 314-43.2, right to farm ordinance, said statement shall include information describing the possibility of commercial cultivation of cannabis. (Ord. 2593, 2/27/2018; Ord. 2599, §§ 1 – 4, 5/8/2018; Ord. 2615, § 1, 11/13/2018)

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