Chapter 19.03
COMMERCIAL CANNABIS CULTIVATION AND OPERATING STANDARDS
Sections:
19.03.010 Commercial cannabis cultivation and operating standards.
19.03.010 Commercial cannabis cultivation and operating standards.
A. It is hereby declared to be unlawful and a public nuisance for any person or persons owning in whole or in part, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the city of Seaside to undertake any cannabis operation regulated by SMC Title 17 and this title except as provided therein.
B. No medical or adult cannabis at the premises or location shall be visible by the public from any public or other private property outside the interior of the facility.
C. No medical or adult cannabis shall be dispensed from a cultivation site and such cultivation sites shall not be open to the public. In no case shall a building intended for residential use be used for the cultivation of cannabis. The maximum size of any areas of cultivation shall not exceed any restrictions outlined in state law.
D. Security measures sufficient to restrict access to cultivation sites to only those persons allowed and intended to be there, and to deter trespass and theft of medical or adult cannabis or medical or adult cannabis products shall be provided and maintained. If on-site security is utilized, security shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times.
E. Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.
F. Water conservation measures, water capture systems, or grey water systems shall be incorporated in medical cannabis cultivation operations in order to minimize use of water where feasible.
G. A minor use permit for medical cannabis cultivation shall not be granted by the city unless all of the following findings are made based on substantial evidence:
1. The cultivation, as proposed, will comply with all of the requirements of the state and city, and any additional conditions of license for the cultivation of medical or adult cannabis.
2. The cultivation, as approved and conditioned, will not result in significant unavoidable impacts on the environment.
3. The cultivation includes adequate measures that minimize use of water for cannabis cultivation at the site.
4. The cultivation includes adequate measures to address the projected energy demand for cannabis cultivation at the site.
5. The cultivation includes adequate quality control measures to ensure cannabis cultivated at the site meets industry standards.
6. The cultivation includes adequate measures that address the federal enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are not supplied to unlicensed and unpermitted persons within the state and not distributed out of state.
7. The applicant, property owner, and permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this chapter from any enforcement officer of the city of Seaside or their designee.
8. Any person cultivating cannabis shall obtain a valid and fully executed commercial cannabis permit pursuant to Chapter 5.04 SMC prior to commencing operations and must maintain such permit in good standing in order to continue operations.
9. The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by state law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial cannabis activities at the site who do not maintain permits or licenses in good standing with the city, county or state may be grounds for seeking the suspension or revocation of a use permit pursuant to Chapter 17.80 SMC. (Ord. 1047 § 2, 2018; Ord. 1043, 2017)