§ 26-88-250. Commercial cannabis uses.

(a)

Purpose. This section provides the development and operating standards for commercial cannabis activities to ensure neighborhood compatibility, minimize potential environmental impacts, provide safe access to medicine, and provide opportunities for economic development.

(b)

Applicability. Commercial cannabis activities shall be permitted only in compliance with the requirements of Sections 26-88-250 through 26-88-256 and all other applicable requirements for the specific type of use and those of the underlying base zone.

(c)

Limitations on Use. The following limitations apply to all commercial cannabis activities.

(1)

Commercial cannabis uses for non-medical cannabis for adult use is prohibited, unless a use permit is obtained.

(2)

Commercial cannabis activities shall only be allowed in compliance with all applicable county codes, including but not limited to, grading, building, plumbing, septic, electrical, fire, hazardous materials, and public health and safety.

(3)

The permit holder shall comply with all laws and regulations applicable to the type of use and shall comply with all permit, license, approval, inspection, reporting and operational requirements of other local, state, or other agencies having jurisdiction over the type of operation. The permit holder shall provide copies of other agency and department permits, licenses, or certificates to the review authority to serve as verification for such compliance.

(4)

Permits for commercial cannabis activities shall only be issued where written permission from the property owner or landlord is provided.

(5)

Tasting, promotional activities, and events related to commercial cannabis activities are prohibited.

(6)

Commercial cannabis activities are prohibited from using volatile solvents, including but not limited to Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2, or other dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene, as determined by the fire marshall.

(d)

Permit Requirements. Commercial cannabis activities shall be subject to the land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements. No other type of commercial cannabis activities are permitted except as specified in Table 1A-D. The county may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this chapter, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the county code. Commercial cannabis activities shall also be subject to permit requirements and regulations established by the Sonoma County Department of Health Services.

(e)

Term of Permit. Zoning permits for commercial cannabis activities shall be issued for a limited term not to exceed one (1) year from the date of permit approval. Use permits for commercial cannabis activities may be approved for a limited term of up to five (5) years from the date the use permit certificate is issued, after all pre-operational conditions of the use permit have been met. Limited term permits shall expire and have no further effect unless a complete application for renewal is submitted prior to the expiration date. No property interest, vested right, or entitlement to receive a future permit to conduct a commercial cannabis activity shall ever inure to the benefit of such permit holder.

(f)

Health and Safety. Commercial cannabis activity shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

(g)

Taxes. Permit holders shall comply with Sonoma County Code Section 35, the Sonoma County Cannabis Business Tax Ordinance, and any additional taxes that may be enacted by the voters or any additional regulations that may be promulgated.

(h)

Operator Qualifications. Cannabis operators must meet the following qualifications:

(1)

Cannabis operators and all employees must be at least twenty-one (21) years of age.

(2)

Cannabis operators shall be subject to background search by the California Department of Justice. Permits for commercial cannabis activities shall not be approved for operators with serious or violent felony convictions, as specified in subdivision (c) of Section 1192.7 of the Penal Code and subdivision (c) of Section 667.5 of the Penal Code.

(3)

Cannabis operators must have authority to legally bind the person applying for and/or operating pursuant to a permit.

(4)

Cannabis operators must meet the definition of a cannabis business owner.

(i)

Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

(j)

Tracking. Permit holders shall comply with any track and trace program established by the county and state agencies. Permit holders must maintain records tracking all cannabis and cannabis products and shall make all records related to commercial cannabis activity available to the county upon request.

(k)

Inspections. Premises shall be subject to inspections by appropriate local and state agencies, including but not limited to the Department of Agriculture/Weights and Measures and Permit and Resource Management Department. Premises shall be inspected at random times for conformance with the county code and permit requirements. The inspection shall be conducted during regular business hours. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the permit holder to immediately cease operations.

(l)

Monitoring. Permit holders shall be subject to monitoring. A fee may be adopted by the board of supervisors and collected by the agency having jurisdiction or the county tax collector to pay for monitoring and enforcement.

(m)

Appeals. Appeals of any permit issuance or denial issued by the Department of Agriculture/Weights and Measures shall be subject to review and appeal procedures pursuant to Chapter 36. Appeals of any permit issuance or denial issued by PRMD shall be subject to review and appeal procedures pursuant to Chapter 26.

(n)

Exercise of Permit and Notification of Changes. Permits are issued to and held by the person engaged in commercial cannabis activity, and specific to the premises for which it was issued. A permit holder shall, at all times, have one (1) cannabis operator. Prior written notice must be provided to the agency having jurisdiction for any changes to ownership or cannabis operator, and any changes must comply with applicable code requirements. New cannabis operators shall be required to participate in an orientation and/or exam(s), as determined by the agency having jurisdiction. Permit holders shall notify the agency having jurisdiction prior to any of the following:

(1)

A new person meeting the definition of cannabis business owner of the permit holder.

(2)

Change in business entity type of the permit holder.

(3)

Change in legal business name of the permit holder.

(4)

A new person serving as operator of the permit holder.

(5)

A new property owner of the parcel on which the premises is located.

(o)

Permit Renewal. Applications for permit renewal may be administratively approved by the agency having jurisdiction only if:

(1)

The use has been conducted in accordance with this section, with the operation's approved plan, and with all applicable use permit conditions of approval;

(2)

There are no outstanding violations related to health, safety, land use, or tax; and;

(3)

The requirements of Section 26-92-040 are met.

(p)

Indemnification of County. At the time of submitting an application for a permit pursuant to Sections 26-88-250 through Section 26-88-256, the applicant, and, if different than applicant, the lawful owner(s) of the property on which applicant seeks approval to engage in any commercial cannabis activity, shall agree, as part of the application, to defend, indemnify and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, appeal boards of board of supervisors, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

Table 1A: Allowed Cannabis Uses and Permit Requirements for Agricultural and Resource Zones

Land Use	Maximum Cultivation Area Per Parcel (square feet or plant)	Minimum Parcel Size	Land Intensive Agriculture	Land Extensive Agriculture	Diverse Agriculture	Resources Rural Development	Timber Preserve	Special Use Regulations
			LIA	LEA	DA	RRD	TP
Cannabis Uses
Personal Cultivation	100 sq ft including up to 6 plants for adult use, per residence	None	P	P	P	P	P	26-88-250— 26-88-254
Commercial Cannabis Uses
Cottage	25 plants	10 ac	ZP	ZP	ZP	MUP	—
Specialty Outdoor	5,000 sq. ft. or 50 plants	10 ac	CUP	ZP	ZP	CUP	—
Small Outdoor	5,001— 10,000	10 ac	CUP	ZP	ZP	CUP	—
Medium Outdoor	10,001— 43,560	10 ac	CUP	CUP	CUP	CUP	—
Nursery Outdoor	Limited as Expressed Above		CUP	CUP	CUP	CUP	—
Indoor Cultivation
Cottage	500	10 ac	ZP	ZP	ZP	MUP	—
Specialty Indoor	501— 5,000	10 ac	CUP	CUP	CUP	CUP	—
Small Indoor	5,001— 10,000	10 ac	—	—	—	—	—
Medium Indoor	10,001— 22,000	10 ac	—	—	—	—	—
Nursery Indoor	Limited as Expressed Above		CUP	CUP	CUP	CUP	—
Mixed Light Cultivation
Cottage	2,500	10 ac	ZP	ZP	ZP	MUP	—
Specialty Mixed Light	2,501— 5,000	10 ac	CUP	CUP	CUP	CUP	—
Small Mixed Light	5,001— 10,000	10 ac	CUP	CUP	CUP	CUP	—
Medium Mixed Light	10,001— 22,000	10 ac	—	—	—	—	—
Nursery Mixed Light	Limited as Expressed Above		CUP	CUP	CUP	CUP	—
Centralized Processing		10 ac	CUP	CUP	CUP
Distributor-Transport Only		10 ac	MUP	MUP	MUP	MUP

 

Type of Permit Required
ZP	Permitted Use if standards met- CEQA exempt; Zoning Permit and Building Permit only
MUP	Minor Use Permit or Hearing Waiver; CEQA applies unless Cat Exempt; can add conditions
CUP	Use Permit — noticed hearing before Planning Commission; CEQA; can add conditions
—	Use not allowed

 

Notes:

1 Commercial Cannabis Uses on properties with a Land Conservation (Williamson Act) Act Contract are subject to Uniform Rules for Agricultural Preserves.

2 Within existing previously developed areas, including hardscape, or legally established structures built (finaled) prior to January 1, 2016. No net increase in impervious surface.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis goods that the licensee has cultivated or manufactured.

Table 1B: Allowed Cannabis Uses and Permit Requirements for Commercial Zones

Land Use	Maximum Cultivation Area Per Parcel	Minimum Parcel Size	Commercial Office	Neighborhood Commercial	Retail Business and Services	General Commercial	Limited Commercial	Commercial Rural	Agricultural Services	Recreation and Visitor Serving	Special Use Regulations
			CO	C1	C2	C3	LC	CR	AS	K
Cannabis Uses
Personal Cultivation	100 sq ft including up to 6 plants for adult use, per residence	None	P	P	P	P	P	P			26-88-250, 26-88-252, and 26-88-256
Testing/Laboratories	per use permit		—	—	—	MUP	MUP	—	—	—
Dispensaries: Storefront and Delivery	per use permit		—	CUP	CUP	—	CUP	—	—	—
Type of Permit Required
MUP	Minor Use Permit or Hearing Waiver; CEQA applies unless Cat Exempt; can add conditions
CUP	Use Permit — noticed hearing before Planning Commission; CEQA; can add conditions
—	Use not allowed

 

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

Table 1C: Allowed Cannabis Uses and Permit Requirements for Industrial Zones

Land Use	Maximum Cultivation Area Per Parcel (square feet or plant)	Minimum Parcel Size	Industrial Park	Limited Urban Industrial	Heavy Industrial	Limited Rural Industrial	Public Facilities	Special Use Regulations
			MP	M1	M2	M3	PF
Cannabis Uses
Personal Cultivation	100 sq ft including up to 6 plants for adult use, per residence	None	P	P	P	P	P	26-88-250— 26-88-252
Indoor Cultivation
Cottage	500	None	ZP	ZP	ZP	ZP	—
Specialty Indoor	501— 5,000	None	MUP	MUP	MUP	MUP	—
Small Indoor	5,001— 10,000	None	MUP	MUP	MUP	MUP	—
Medium Indoor	10,001— 22,000	None	MUP	MUP	MUP	MUP	—
Nursery Indoor	Limited as Expressed Above		MUP	MUP	MUP	MUP	—
Mixed Light Cultivation
Cottage	2,500	2 ac	—	MUP	MUP	MUP	—
Specialty Mixed Light	2,501— 5,000	3 ac	—	MUP	MUP	MUP	—
Small Mixed Light	5,001— 10,000	5 ac	—	MUP	MUP	MUP	—
Medium Mixed Light	10,001— 22,000	10 ac	—	MUP	MUP	MUP	—
Nursery Mixed Light	Limited as Expressed Above		—	MUP	MUP	MUP	—
Testing/Laboratories			MUP	MUP	MUP	MUP	—
Manufacturing
Level 1 — nonvolatile solvents	per use permit		MUP	MUP	MUP	MUP	—
Centralized Processing	per use permit		MUP	MUP	MUP	MUP	—
Microbusiness	per use permit		MUP	MUP	MUP	MUP	—
Distributor-Transport	per use permit		MUP	MUP	MUP	MUP	—
Distributer-Transport Only	per use permit		MUP	MUP	MUP	MUP	—

 

Type of Permit Required
ZP	Permitted Use if standards met- CEQA exempt; Zoning Permit and Building Permit only
MUP	Minor Use Permit or Hearing Waiver; CEQA applies unless Cat Exempt; can add conditions
—	Use not allowed

 

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

2 Does not alter the already allowed uses and only formalizes the potential to request this combined state license type.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis of the licensee.

(Ord. No. 6245 , § II(Exh. B), 10-16-2018; Ord. No. 6189 , § II(D)(Exh. A-2), 12-20-2016)

Editor's note

Ord. No. 6245 , § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-250 to read as herein set out. Former § 26-88-250 was titled, "Commercial cannabis uses—Medical."