HomeMy WebLinkAboutOrdinance 647EXHIBIT A
Chapter 17 Cannabis Activities & Regulations
9-17.001 Title.
This chapter shall be known as the cannabis regulations of the City of Atascadero. (Ord. 612 § 2, 2017)
9-17.002 Purpose and intent.
(a) Purpose. It is the purpose and intent of this chapter to implement the provisions of the Medicinal
and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) and to provide access to adult -use of
cannabis for persons over the age of twenty-one (21) as authorized by “Proposition 64” passed by California
voters in 2016, while imposing sensible reasonable regulations on the use of land to protect the City’s
residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the
purpose and intent of this chapter to regulate the cultivation, processing, manufacturing, testing, sale,
delivery, distribution and transportation of medicinal and adult -use cannabis and cannabis products in a
responsible manner to protect the health, safety and welfare of the residents of Atascadero and to enforce
rules and regulations consistent with State law.
(b) Non-Conflicting Enactment. Nothing in this chapter is intended to authorize the possession, use
or provision of cannabis for purposes that violate State or Federal law.
(c) Additional Provisions. The provisions of this chapter are in addition to any other permits, licenses
and approvals which may be required to conduct business in the City, and are in addition to any permits,
licenses and approval required under State, County, or other law. (Ord. 612 § 2, 2017)
9-17.003 Definitions.
For the purposes of this chapter, the following definitions shall apply.
(a) Accessory Structure. An accessory structure is a detached structure, with a “u” occupancy that
is accessory to and subordinate to the primary residential use.
(b) Cannabis. “Cannabis” shall have the meaning set forth in Business and Professions Code
Section 26001(f), which includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted
from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of
the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained
from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not
mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
(c) Cannabis Canopy. All areas occupied by any portion of a cannabis plant, encompassing all
vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one (1) site. “Cannabis
canopy” shall be measured by taking the longest length and widest width of existing plants (including all
gaps and open areas between plants) and multiplying the length and width to get square footage.
(d) Cannabis Greenhouse. A fully enclosed permanent structure that is clad in transparent material.
Cannabis cultivation within an enclosed, non-transparent greenhouse is considered indoor cultivation.
(e) Cannabis Hoop Structure. A readily removable plastic covered hoop structure without in-
ground footings or foundations, which are not more than twelve (12) feet in height and do not have vertical
sides that exceed four (4) feet in height. Cannabis hoop structures are accessory uses on residential land use
categories which shall not exceed one hundred twenty (120) square-feet. Cannabis cultivation within hoop
structures is considered outdoor cultivation.
(f) Cannabis Operating license. An annual cannabis operating license as may be required by the
City of Atascadero pursuant to Title 3 of this code to operate a commercial activity within the City whether
the business is located within the City or not.
(g) Cannabis Testing Facility. A facility, entity, or site that offers or performs testing of cannabis or
cannabis products and that is both accredited by an accrediting body that is independent from all other
persons involved in the cannabis industry in the state, and registered with and licensed by the California
State Department of Public Health.
(h) Commercial Cannabis Activity. “Commercial cannabis activity” shall have the meaning set forth in
Business and Professions Code Section 26001(k), which includes the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of
cannabis or cannabis products as provided in MAUCRSA (Business and Professions Code Section 26000
et seq.) and for which a state license is required. Commer cial cannabis activity shall also include the sale
or distribution of cannabis and/or cannabis products, in exchange for compensation in any form, for
medicinal purposes under Health and Safety Code Sections 11362.5 and 11362.7 et seq.
(i) Cultivation. “Cultivation” shall have the meaning set forth in Business and Professions Code Section
26001(l), which includes any activity involving the planting, growing, harvesting, drying, curing, grading,
or trimming of cannabis.
(j) Day Care Center. “Day care center” shall have the same meaning as Health and Safety Code Section
1596.76, which means any child day care facility other than a family day care home, and includes infant
centers, preschools, extended day care facilities, and school-age child care centers.
(k) Fully Enclosed Structure. A fully enclosed space within a building or separate structure that complies
with the California Building Code (CBC), as adopted by the City of Atascadero, or if exempt from the
permit requirements of the CBC, that has a complete roof, foundation, slab or equivalent base to which the
floor is secured by bolts or similar attachments, and non-transparent walls on all sides.
(l) Indoor Cultivation. Cultivation, as defined in subsection (h), of this section, within a fully enclosed
structure, as defined in subsection (j) of this section.
(m) Outdoor Cultivation. Any location within the City of Atascadero that is not within a fully enclosed
structure, or cannabis green house, as defined in subsection (d) of this section.
(n) Personal Cultivation. Cultivation of cannabis at a private residence, as defined by subsection (n) of
this section, for non-commercial cannabis activities, which is defined in subsection (g).
(o) Private Residence. A house, apartment unit, mobile unit, or other similar dwelling unit that is legally
permitted within the City of Atascadero, and is considered a residential occupancy type in the California
Building Code, as adopted by the City of Atascadero.
(p) Retail Non-Storefront Facility. A “retail non-storefront facility” is a commercial cannabis facility that
operates out of a state and City licensed commercial business location which sells cannabis goods to
customers exclusively through delivery with no on-site customer services of any kind.
(q) School. A private or public educational facility providing instruction in kindergarten or grades 1
through 12.
(r) State Cannabis Laws. “State Cannabis Laws” shall mean and include California Health and Safety
Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5
(Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83
(Medical Marijuana Program Act); California Health and Safety Code Sections 26000 through 26211
(Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); California Health and
Safety Code Sections 26220 through 26231.2; the California Attorney General’s Guidelines for the Security
and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may
be revised from time to time by action of the Attorney General; California Labor Code Section 147.5;
California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and
Game Code Section 12029; California Water Code Section 13276; all State regulations adopted pursuant
to MAUCRSA; and all other applicable laws of the State of California.
(s) Youth Center. “Youth center” shall have the same meaning as Health and Safety Code Section
11353.1, which includes any public or private facility that is primarily used to host recreational or social
activities for minors, including, but not limited to, private youth membership organizations or clubs, social
service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 612 § 2, 2017)
9-17.004 Personal cannabis cultivation.
The following regulations pertain to the personal cultivation of cannabis.
(a) All cannabis cultivation is prohibited within the City except that no more than six (6) living
cannabis plants may be planted, cultivated, harvested, dried, or processed within a single private residence,
or upon the grounds of that private residence, at one (1) time. In no instance may personal cultivation occur
on vacant property.
(b) Indoor Cultivation Regulations. Indoor cultivation on residential properties is subject to the
following regulations:
(1) Indoor cannabis cultivation shall only occur inside a private residence or an accessory structure
to a private residence that is fully enclosed and secured against unauthorized entry.
(2) Sleeping Rooms within Residential Occupancies. Indoor cultivation may not occur inside rooms
designed for sleeping. Sleeping rooms are defined by the California Building Code for residential
occupancies.
(c) Outdoor Cultivation. Outdoor cultivation on residential properties is subject to the following
regulations:
(1) Visibility. Outdoor cannabis cultivation shall not be visible from public rights-of-way or
neighboring properties.
(2) Screening. Outdoor cannabis cultivation must be completely screened with permanent fencing
and/or landscaping. Fencing must be compatible with the neighborhood and be constructed of wood pickets,
block, or other typical fencing materials.
(3) Prohibited Fence Types. Electrical fencing, razor wire fencing, chain link fencing, barbwire,
plywood and other unfinished materials; shade cloth, plastic, plywood, OSB and other temporary screening
materials shall not be allowed.
(4) Fencing Height. Fencing for screening of outdoor cannabis cultivation must not exceed seven (7)
feet in height, measured from natural grade. Additional plastic or other materials attached, suspend ed, or
supported beyond the seven (7) foot height limitation shall be prohibited.
(d) Setbacks. Personal cannabis cultivation shall be subject to the following setback requirements:
(1) Property line. Cannabis greenhouses, cannabis hoop-structures, and all outdoor cannabis
cultivation must be located fifteen (15) feet or more from the edge of property lines.
(2) Distance from Adjacent Residences. Cannabis greenhouses, cannabis hoop-structures, and all
outdoor cannabis cultivation must be located twenty-five (25) feet or more from the nearest adjacent
residence.
(3) Front Setback. No cannabis cultivation may occur within a designated front setback as defined
in Section 9-4.106 of this title.
(e) Total Coverage of Personal Cannabis Cultivation.
(1) Indoor Cannabis Cultivation. Indoor cannabis cultivation shall not take up more than one hundred
twenty (120) square feet of indoor residential space.
(2) Outdoor Cannabis Cultivation. Outdoor cannabis cultivation shall not take up more than one
hundred twenty (120) square feet of cannabis canopy coverage.
(f) Property Owner Consent. Where a private residence is not occupied or inhabited by the owner of
the residence, the owner of the property must provide written consent expressly allowing cannabis
cultivation to occur at said private residence.
(g) Applicability of Adopted Building Codes. All personal cannabis cultivation at a private residence
shall comply with applicable Building Code requirements set forth in the Atascadero Municipal Code Title
8.
(h) Use of Solvents. There shall be no use of gas products (CO2, butane, propane, natural gas,
etc.) on a property for purposes of cannabis cultivation.
(i) Waste Disposal. The following regulations apply to the disposal of cannabis waste on residential
property:
(1) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located
on the residential property.
(2) Cannabis plants and products must be rendered unusable and unrecognizable by grinding and
incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least fifty
percent (50%) non-cannabis waste. (Ord. 612 § 2, 2017)
9-17.005 Commercial cannabis activities.
All commercial cannabis activities are prohibited unless specifically allowed in this Table 17-1. It is
unlawful for any person to commence, operate, engage in, to conduct, or carry on (or to permit t o be
commenced, operated, engaged in, conducted or carried on) in or upon any property located within the City,
a commercial cannabis activity unless that person does so in strict compliance with State Cannabis Laws,
this section, and all applicable Municipal Code provisions.
Business License Tax Certificate and Payment of Cannabis Business Tax Required. No person
shall commence, operate, engage in, conduct, or carry on a commercial cannabis activity, whether doing so
from a fixed location in the City or coming into the City from an outside location to engage in such
activities, without obtaining and continuously maintaining a business license tax certificate pursuant to Title
3, Chapter 18 of this code (Cannabis Business Taxes) and remitting timely payments of applicable taxes
pursuant to Title 3, chapter-18 of this code.
(a) Table 17-1 identifies the uses of commercial cannabis activities that are permitted in non-
residential districts, and the planning permit required to establish each use, in compliance with Chapters 9-
1 and 9-2 of this code. All other commercial cannabis uses not otherwise lists in Table 17-1 shall be
prohibited.
Table 17-1 – Commercial Cannabis Use Table
Allowed Land
Uses and Permit
Requirements
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Non-Residential
Zones
◻ Not Permitted
Use
Permitted Uses By Zones
CN CP CR CS CT CPK DC DO IP I
Commercial Cannabis Activity
Testing Facility CUP CUP AUP AUP AUP AUP
Retail Non-
storefront Facility CUP CUP CUP CUP
(Ord. 612 § 2, 2017)
9-17.006 Commercial cannabis activities development standards.
(a) The following are development standards for permitted commercial cannabis activities:
(1) On-Site Sales. Retail or wholesale sales to the public are prohibited.
(2) Distance. Commercial Cannabis activities shall be prohibited within six hundred (600) feet of
schools, parks, youth centers, or day care centers. All distances specified in this section shall be measured
in a straight line, without regard to intervening structures or topography, from the nearest point of the
building or structure in which the commercial cannabis activity is, or will be located, to the nearest property
line of the parcel where such use is located. If the commercial cannabis activity is, or will be located, in a
multi-unit building, the distances shall be measured from the nearest point of the suite in which the cannabis
business is or will be located.
(3) Signage. On-site signage for a commercial cannabis activity that is viewable from the exterior
of the premises shall comply with all local signage laws applicable to the permitted and licensed premises,
including Chapters 9-15 of this Code. Signage may not be designed to appeal to children, or contain any
false or misleading statements, or make any misrepresentations.
(b) Cannabis Deliveries. The following standards apply to licensed, permitted retail non-storefront
facilities:
(1) Deliveries within Incorporated City Limits. State-licensed retail non-storefront facilities may
deliver cannabis and cannabis products to individuals located at private residences within the City, provided
that such deliveries are in strict compliance with State Cannabis Laws and the Municipal Code and said
retailer has obtained a business license tax certificate, is paying the applicable business license tax under
Municipal Code Chapter 3-5, and is paying the applicable cannabis business tax under Title 3 Chapter 18
of this title (Cannabis Business Tax). All other deliveries of cannabis and/or cannabis products are
prohibited.
(2) Vehicle Advertising. Vehicles used in the delivery process must be unmarked without any
designation or logo that identifies the vehicle as a cannabis delivery vehicle.
9-17.007 Commercial cannabis application and procedures.
(a) Application Requirements. Any person applying for an AUP or CUP for a licensed, permitted
commercial cannabis activity, as allowed under this chapter, must submit the following information with
their application:
(1) The name of the proposed commercial cannabis activity including, if applicable, the name on file
with the California Secretary of State and any fictitious business names and/or DBAs.
(2) The location of the proposed commercial cannabis activity (must comply with the zoning and
location restrictions set forth above).
(3) The names, addresses, and contact information for each owner of the proposed commercial
cannabis activity.
(4) If the proposed commercial cannabis activity is incorporated, the names, titles, addresses, and
contact information of each corporate officer, the name, address, and contact information of the agent for
service of process, a certified copy of the articles of incorporation, and copy of the bylaws.
(5) If the proposed commercial cannabis activity is a partnership, the names, addresses, and contact
information for each partner and the agent for service of process.
(6) The name and contact information for each manager of a proposed commercial cannabis
business, establishment, or facility. If such information is not available at the time the application is
submitted, the proposed commercial cannabis business, establishment, or facility shall submit such
information to the Community Development Department as soon as it becomes available.
(7) For each owner, corporate officer, partner, manager, employee, or volunteer, a criminal history
(“LiveScan”) prepared not more than two (2) weeks prior to the date of submitting the application
demonstrating that there are no pending charges or convictions for any crime ( including, without limitation,
theft, fraud, deceit, or assault) within the previous ten (10) years, and that the subject is not currently on
parole or probation for the sale, possession for sale, manufacture, transportation, cultivation, or distribution
of a controlled substance. For each owner, corporate officer, partner, manager, employee, or volunteer who
becomes part of a commercial cannabis facility after the required permit is issued, the commercial cannabis
facility must submit the required criminal history to the Community Development Department within two
weeks of the new owner, corporate officer, partner, manager, employee, or volunteer joining the operation.
(8) A site plan and operations plan that demonstrate how the proposed commercial cannabis activity
has already complied or will comply with the requirements of this chapter.
(9) A copy of all required permits and certificates under Title 8 (Buildings Code) of this Code or an
acknowledgment that the proposed commercial cannabis activity will obtain all required permits and
certificates under Title 8 prior to its opening, establishment, operation, and/or commencement.
(10) The name, address, and contact information for the owner of the property on which the proposed
commercial cannabis activity will be located.
(11) An agreement signed by the owner of the property on which the proposed commercial cannabis
activity is located consenting to use of the property for a commercial cannabis activity and agreeing to
indemnify, defend (with an attorney selected by the city), and hold harmless The City of Atascadero from
any claims, damages, legal or enforcement actions arising from the use of the property for a commercial
cannabis activity.
(12) Any supplemental information requested by the Community Development Director or designee
to establish compliance with the requirements of this chapter. (Ord. 612 § 2, 2017)
9-17.008 Commercial cannabis application approval or denial of entitlement.
(a) Criteria for Issuance or Denial of Permit. In addition to the criteria for land use permits set forth
in this title, the Planning Commission, or the City Council on appeal, shall consider the following criteria
in determining whether to grant or deny a land use permit for a commercial cannabis activity:
(1) That the proposed location of the commercial cannabis activity is not identified by the City Chief
of Police, or designee, as an area of increased or high crime activity.
(2) For those applicants who have operated other businesses within the City, that there have not been
significant numbers of calls for police service, crimes or arrests in the area of the applicant’s other business.
(3) That the location is not prohibited by the provisions of this section or any local or state law,
statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and that
compliance with other applicable requirements of the City’s Zoning Ordinance will be accomplished.
(4) That the operations plan and site plan have incorporated features necessary to assist in reducing
potential crime-related problems and as specified in the operating requirements section. These features may
include, but are not limited to, security on-site; procedure for allowing entry; openness to surveillance and
control of the premises; the perimeter, and surrounding properties; reduction of opportunities for
congregating and obstructing public ways and neighboring property; illumination of exterior areas; and
limiting furnishings and features that encourage loitering and nuisance behavior.
(5) That all reasonable measures have been incorporated into the operations plan and si te plan or
consistently taken to successfully control and/or prevent disturbances, vandalism, traffic problems,
cannabis use in public, public or private nuisances, or interference in the operation of another business.
(6) That the commercial cannabis activity is likely to have no potentially adverse effect on the health,
peace, or safety of persons living or working in the surrounding area, overly burden a specific
neighborhood, or contribute to a public nuisance.
(7) That any provision of the Municipal Code or condition imposed by a City-issued permit, or any
provision of any other local or State law, regulation, or order, or any condition imposed by permits issued
in compliance with those laws, will not be violated.
(8) That the applicant has not made a false statement of material fact or has omitted to state a material
fact in the application for a permit.
(9) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or
practices with respect to the operation of another business. (Ord. 612 § 2, 2017)
(10) Conditions of approval may require that a commercial cannabis activity be subject to conditions that
mitigate potential impacts of the sale of cannabis products in the community.
(b) Indemnification. The applicant or its legal representative shall:
(1) Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement
actions, including, but not limited to, any actions or claims associated with violation of Federal law
associated with the operation of the commercial cannabis activity; defend, at its sole expense, any action
against the City, its agents, officers, and employees related to the approval of an entitlement for or the
operation of the commercial cannabis activity; reimburse the City for any court costs and attorney fees that
the City may be required to pay as a result of any legal challenge (or Federal enforcement action) related to
the City’s approval of an entitlement for or the operation of the commercial cannabis activity.
(2) Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to
guidelines and policies set forth by the local licensing authority and name the City as an additionally insured
on all City-required insurance policies.
9-17.009 Commercial cannabis operational requirements.
(a) Operational Requirements.
(1) A cannabis testing facility permitted under this section may only operate between the hours
of 7:00 a.m. and 8:00 p.m. Pacific Time.
(2) A retail non-storefront delivery facility permitted under this section may only operate between
the hours of 6:00 a.m. and 10:00 p.m. Pacific Time.
(3) Any commercial cannabis activity permitted under this chapter must comply with all applicable
State Cannabis Laws, including but not limited to the requirement of a valid State license to operate a
commercial cannabis activity.
(4) A commercial cannabis activity permitted under this chapter must comply with all applicable
provisions of Titles 5 and 8 of this Code.
(5) A commercial cannabis activity permitted under this section may not employ any person who is
not at least eighteen (18) years of age.
(6) A commercial cannabis activity permitted under this section shall not conduct or engage in the
commercial or retail sales of any cannabis or cannabis products on the premises of the cannabis facility.
(7) No cannabis cultivation may occur on the property of a commercial cannabis activity permitted
under this chapter.
(8) A commercial cannabis activity permitted under this chapter may not allow or permit the use,
inhalation, smoking, eating, ingestion, or consumption of cannabis or cannabis products on the property of
the commercial cannabis activity, including in the parking areas of such property.
(9) Criminal Background Requirements.
(i) All owners, corporate officers, partners, managers, employees, or volunteers of a commercial
cannabis activity permitted under this chapter shall comply with background criminal history requirements
under state law. No person who is currently charged with or has been convicted within the previous ten
years of a felony or misdemeanor involving moral turpitude or any crime involving the sale, possession for
sale, manufacture, transportation, cultivation, or distribution of a controlled substance shall be employed
by a cannabis business in the City.
(ii) Prior to commencing any work within or on behalf of a commercial cannabis facility permitted
under this chapter, each owner, corporate officer, partner, manager, employee, and volunteer must complete
a current criminal history background check that demonstrates compliance with subsection (a)(9)(i) . Each
criminal history background check must be updated every twelve (12) months.
(iii) A commercial cannabis activity permitted under this section shall maintain a complete register
of each owner, corporate officer, partner, manager, employee, and volunteer working for and/or associated
with the commercial cannabis activity, including a copy of each required criminal history background
check. The register and required records must be made available for inspection by any city officer or official
for purposes of determining compliance with this chapter.
(iv) A commercial cannabis activity permitted under this chapter shall notify the city in writing of
any disqualifying conviction described in subsection (a)(9)(i) for an owner, corporate officer, partner,
manager, employee, or volunteer within ten (10) days of the conviction.
(v) A commercial cannabis activity permitted under this chapter may submit to the Police Chief a
written request for a waiver of the prohibition in subsection (a)(9)(i) with regard to a particular owner,
corporate officer, partner, manager, employee, or volunteer, on the ground that such person’s involvement
with the commercial cannabis activity will not pose a threat to public safety. The Police Chief, in his or her
unfettered discretion, may deny such a written request, subject to the appeal procedures set forth in
Municipal Code Sections 1-2.13 through 1-2.16.
(10) A commercial cannabis activity permitted under this chapter shall provide the name, phone
number, facsimile number, and e-mail address of a manager or representative who can be reached twenty-
four (24) hours a day in the event that the city decides to provide notice of an operating problem associated
with the commercial cannabis facility.
(11) Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent
with Federal, State and local laws, regulations, rules or other requirements. Cannabis waste must be made
unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with
fifty percent (50%) non-cannabis waste.
(12) A commercial cannabis activity permitted under this chapter must pay any applicable taxes
pursuant to Federal, State, and local law.
(13) A commercial cannabis activity permitted under this chapter shall provide a secured storage area
on-site. All cannabis and cannabis products shall be stored in this area during non-business hours. (Ord.
612 § 2, 2017)
(14) A commercial cannabis activity permitted under this chapter may be required to provide a video
surveillance system that is accessible by the City of Atascadero.
(15) A commercial cannabis activity permitted under this chapter may be required to provide a security
plan that outlines private security services on site for twenty four-hours a day.
(16) A Retail Non-Storefront Facility location in the City of Atascadero shall include an on-site
concealed location within the building where all cannabis products and cash are loaded onto or unloaded
from a delivery vehicle. The concealed location shall be within an enclosed area not visible or accessible
to the public.
(17) A Commercial cannabis business location permitted under this chapter shall be required to
maintain a backup power source to maintain security features in the event of a power failure.
(18) The premises of a commercial cannabis activity must be equipped with an odor absorbing
ventilation and exhaust system so that odor generated inside the premises that is distinctive to the operation
of the commercial cannabis activity is not detected outside the premises, anywhere on adjacent property or
public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways,
foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within
any other unit located within the same building as the commercial cannabis activity. As such, a commercial
cannabis activity must install and maintain the following equipment or any other equipment which local
licensing authority determines has the same or better effectiveness:
(i) An exhaust air filtration system with odor control that prevents internal odors from being emitted
externally; or
(ii) An air system that creates negative air pressure between the premises’ interior and exterior so that
the odors generated inside the premises are not detectable outside the premises.
9-17.010 Suspension and revocation of entitlement.
(a) Suspension, Modification and Revocation.
(1) Authority to Suspend or Revoke. Any permit issued for a commercial cannabis activity facility
may be suspended, modified or revoked by the Planning Commission if it shall appear to the Commission
that the permittee has violated any of the requirements of this chapter or the Municipal Code, the permittee
is operating in a manner which violates the operational requirements or operational plan required by this
chapter, the permittee is operating in violation of any conditions of approval applicable set forth in the use
permit approval, the permittee is operating in a manner which constitutes a nuisance, the permittee’s state
license under MAUCRSA has been suspended, revoked, or terminated, or the permittee is operating in a
manner which conflicts with state or federal law.
(2) Annual Review of Permitted Commercial Cannabis. The Community Development Department
and the Police Department are hereby authorized to conduct an annual revi ew of the operation of each
permitted commercial cannabis activity within the City for full compliance with the business license
regulations, cannabis tax collection requirements, operational recordkeeping, nuisance and all other
requirements of this chapter, the Atascadero Municipal Code, and state licensing. A fee in an amount set
by resolution of the City Council may be established in order to reimburse the City for the time involved in
the annual review process. The staff may initiate a permit suspension or revocation process for any
commercial cannabis activity which, upon completion of an annual review, is found not to be in compliance
with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance.
Staff may, based upon its annual review of the operation of a commercial cannabis activity, place on a
Planning Commission meeting agenda, a proposal to suspend or revoke a commercial cannabis activities
permit.
(3) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by the
Planning Commission under the authority of this section until written notice of the intent to consider
revocation or suspension of the permit has been served upon a permittee at least ten (10) days prior to the
date set for such review hearing. Such revocation or suspension notice shall state the specific reasons for
the proposed suspension or revocation and must have been provided to the permittee in writing prior to the
hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or
suspending such permit. Notice may be given either by personal delivery to the permittee, or by depositing
such notice in the U.S. mail in a sealed envelope, postage prepaid (via regular mail and return receipt
requested), addressed to the person to be notified at his or her address as it appears in his or her application
for a permit. (Ord. 612 § 2, 2017)
9-17.011 Enforcement.
The City may enforce this chapter in any manner permitted by law. Any violation of this chapter shall
be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the
discretion of the City, create a cause of action for injunctive relief. (Ord. 612 § 2, 2017)
9-17.012 Limitation on Liability
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to
approving any entitlement or permit pursuant to this chapter or the operation of any commercial cannabis
activity approved for such permit pursuant to this chapter.