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Title: 20 - Zoning

Chapter: 67 - Commercial Cannabis Regulation

Section: 40 - Use Permit General Requirements

A. Commercial cannabis activity shall not be allowed in the unincorporated area of Del Norte County without a use permit. Use permits to conduct commercial cannabis activity shall be governed primarily by this chapter. The procedures for use permits set forth in Chapter 56 of this title shall apply as well.

B. All commercial cannabis activity shall be subject to the following:
1. Before commencing operation of a commercial cannabis activity, the permittee shall secure a license from the appropriate state licensing authority, pursuant to Division 10 of the Business and Professions Code. A copy of the license shall be provided to the Planning Division;
2. The use permit shall expire one year from the date of issuance of the state license;
3. The permittee shall be in compliance with all conditions of the state license and all state laws, any violation of which shall constitute a violation of the County Code;
4. The permittee shall timely remit all taxes required by state or local law to the appropriate agency, and shall maintain all records necessary to determine the amount of tax owed, which records the county shall have a right to inspect at all reasonable times;
5. The permittee shall post or cause to be posted on site the use permit and all required County and state permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport cannabis or cannabis products;
6. The permittee shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation at all reasonable times.

C. Before the Planning Commission approves any use permit for commercial cannabis activity, the Planning Commission shall hold a public hearing, noticed pursuant to Government Code §65091, shall make the following findings, and shall set forth the facts supporting its determination in writing:
1. The applicant has demonstrated that it can and will comply with all requirements of the state and County to operate the proposed commercial cannabis activity;
2. The proposed activity, as conditioned, will not result in significant unavoidable impacts on the environment;
3. The operation plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering;
4. The operation plan includes adequate security measures; and
5. The proposed activity will have no likely or reasonably foreseeable negative effect on any sensitive land use in the surrounding area, regardless of physical distance from the subject property.” For the purpose of this section, sensitive uses include, but are not limited to, churches, schools, parks, public buildings, and healthcare facilities.

D. The Planning Commission may approve a renewal of a use permit issued pursuant to this Chapter, subject to the following:
1. The permittee shall submit an updated operation plan containing all the elements set forth in Section 20.67.100;
2. The permittee shall provide documentation that an application for renewal of the state license has been submitted to the appropriate state licensing authority;
3. The permittee shall not have any outstanding fees, fines, or delinquent taxes owed to the county, nor any notice of nuisance recorded against the property in the preceding year; and
4. The Planning Commission shall make the following findings at a public hearing noticed pursuant to Government Code §65091:
i. The applicant has demonstrated that it can and will comply with all requirements of the state and County to operate the proposed commercial cannabis activity;
ii. The proposed activity, as conditioned, will not result in significant unavoidable impacts on the environment; and
iii. The operation plan includes adequate measures to minimize nuisances to the neighborhood and community, including minimizing odor, noise, light, traffic, and loitering.

(Ord. 2020-007 § 2 (part), 2020; Ord. 2018-010 § 2 (part) 2018.)