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Title: 20 - Zoning

Chapter: 67 - Commercial Cannabis Regulation

Section: 70 - Generally Applicable Cultivation Regulations

All commercial cannabis cultivation shall be subject to the following minimum requirements:

A. All cannabis cultivation shall be classified as either “indoor cultivation” or “outdoor cultivation,” as defined by this Chapter, and the classification shall be stated clearly on the use permit. Such designation shall serve as the basis for taxation pursuant to Title 3 of this Code.
B. A site-specific biological assessment or wetland delineation may be required as part of any use permit application.
C. A site specific water supply and water management plan shall be included in the permit application to ensure that sufficient water is available to serve the proposed cultivation without adversely affecting the water supplies of nearby users or to the environment. No permit shall be issued for any operation that proposes to source water through surface water diversion.
D. Cannabis cultivation shall not be a principally permitted use in any zone, and shall be afforded none of the protections provided to, and shall not be included in the definition of, “Agricultural Operations” pursuant to the Right-to-Farm Ordinance of Del Norte County, 7.42.10 et seq.
E. No use permit application for cultivation within the boundary of an Indian Reservation or Rancheria shall be considered complete unless is contains the express, written consent of the tribal government.
F. All lighting used for cultivation shall be completely shielded from sunset to sunrise.
G. Instead of the $15,000 bond required to be included in the permit application by Section 20.67.100(E), every permit application for cannabis cultivation shall require a bond of $30,000.
H. All construction, including but not limited to, buildings, fences, security systems, light blocking apparatuses, signs and outdoor lighting fixtures, shall be designed to blend in with the character of the surrounding area.
I. Every use permit shall specify the public and or private roads or rights of way the permittee intends to use to access the cultivation site. If private roads will be used, a recorded document showing legal right to use the road for the proposed commercial purpose must be provided. In every case, the permit shall be conditioned upon adequate measures to mitigate the negative impacts of cultivation on the roads.
J. In addition to the findings required by 20.67.40(C), before issuance of a use permit for the cultivation of cannabis, the Planning Commission shall make the following finding, and shall set forth the facts supporting its determination in writing:
The proposed operation plan contains adequate measures to hide, disguise, conceal or otherwise sufficiently minimize the visual or olfactory indicia of cannabis cultivation, such that the use of the property for cannabis cultivation will not be readily apparent to a casual observer from a public space.

(Ord. 2018-013 § 3 (part) 2018.)