The purpose of this chapter is to regulate cannabis-oriented businesses and uses to promote the health, safety, and general welfare of the citizens of the City. Cannabis-oriented businesses shall only be permitted in accordance with the criteria and procedures set forth in this Code, upon application and approval of a cannabis-oriented business permit pertaining to the use of the site. Cannabis-oriented businesses may have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this chapter to establish standards for the conduct of cannabis-oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of cannabis-oriented businesses, and maintain local property values.
(Ord. 24-13, 10/1/2024)
This chapter shall apply to all cannabis-oriented businesses and uses except residential indoor cultivation regulated by Chapter 9.28 (Regulation of Cannabis Uses) of the San Jacinto Municipal Code.
(Ord. 24-13, 10/1/2024)
For purposes of this chapter, the following definitions shall apply. Terms used in this chapter shall be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Chapter 1 of Division 10 of the Business and Professions Code, the Cannabis Cultivation Program, Chapter 1, Division 8, Title 3 of the Code of Regulations, and the California Uniform Controlled Substances Act, Chapter 1 of Division 10 of the Health and Safety Code as indicated. The definitions contained at Business and Professions Code section 26001, Code of Regulations section 8000, and Health and Safety Code section 11000, as amended from time to time, shall apply to this chapter and shall be given precedence in the event of a conflict with the definitions in this chapter. In the event of a conflict between state codes, the code section referenced shall be given precedence. The definitions, as they appear as of the adoption of this title, are included for reference purposes in italics and may be amended, administratively, to be consistent with changes in the associated state codes.
A. 
"A-license"
has the same meaning as in Section 26001 of the Business and Professions Code. "A-license" means a state license issued under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician's recommendation.
B. 
"A-licensee"
has the same meaning as in Section 26001 of the Business and Professions Code. "A-licensee" means any person holding a license under this division for cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician's recommendation.
C. 
"Cannabis"
has the same meaning as in Section 26001 of the Business and Professions Code. "Cannabis" means 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 division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
D. 
"Cannabis-oriented business"
means any business which cultivates, manufactures, produces, distributes, sells, or tests cannabis or cannabis products, whether wholesale or retail, for medical or recreational purposes.
E. 
"Cannabis products"
has the same meaning as in Section 11018.1 of the Health and Safety Code. As of the writing of this ordinance, "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
F. 
"Commercial cannabis activity"
has the same meaning as in Section 26001 of the Business and Professions Code. "Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division [Division 10 Cannabis {26000-26250}].
G. 
"Cultivation"
has the same meaning as in Section 26001 of the Business and Professions Code. "Cultivation" means any activity involving the planting, growing, harvesting, or trimming of cannabis.
H. 
"Cultivation site"
has the same meaning as in Section 8000 of the Code of Regulations Code. "Cultivation site" means a location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
I. 
"Day care center"
has the same meaning as in Section 26001 of the Business and Professions Code. "Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, and includes child care centers licensed pursuant to Section 1596.951 [of the Health and Safety Code] (Section 26001 of the Business and Professions Code references Section 1596.76 of the Health and Safety Code).
J. 
"Delivery"
has the same meaning as in Section 26001 of the Business and Professions Code. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer.
K. 
"Dispensary"
shall mean any establishment which engages in the retail sale of cannabis for medical or recreational purposes consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
L. 
"Distribution"
has the same meaning as in Section 26001 of the Business and Professions Code. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.
M. 
"Indoor cultivation" (land use)
means the cultivation of cannabis that occurs within a completely enclosed building that is not a greenhouse of other similar agricultural structure and is different than defined in Section 8000 of the Code of Regulations Code.
N. 
"Industrial hemp"
has the same meaning as in Section 11018.5 of the Health and Safety Code. "Industrial hemp" means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. Industrial hemp shall not be subject to the provisions of [Division 10 (commencing with Section 11000) of the Health and Safety Code] or of Division 10 (commencing with Section 26000) of the Business and Professions Code, but instead shall be regulated by the Department of Food and Agriculture in accordance with the provisions of Division 24 (commencing with Section 81000) of the Food and Agricultural Code, inclusive.
O. 
"M-license"
has the same meaning as in Section 26001 of the Business and Professions Code. "M-license" means a state license issued under this division for commercial cannabis activity involving medicinal cannabis.
P. 
"M-licensee"
has the same meaning as in Section 26001 of the Business and Professions Code. "M-licensee" means any person holding a license under this division for commercial cannabis activity involving medicinal cannabis.
Q. 
"Manufacture"
has the same meaning as in Section 26001 of the Business and Professions Code. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
R. 
"Manufacture area"
is the area of the site where cannabis or cannabis products are manufactured.
S. 
"Manufacturer"
has the same meaning as in Section 26001 of the Business and Professions Code. "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
T. 
"Marijuana"
refer to Cannabis.
U. 
"Medicinal cannabis" or "medicinal cannabis product"
has the same meaning as in Section 26001 of the Business and Professions Code. "Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
V. 
"Microbusinesses"
has the same meaning as in Section 26070 of the Business and Professions Code. "Microbusiness," for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under this division, provided such licensee can demonstrate compliance with all requirements imposed by [Division 10 of the Business and Professions Code] on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. Microbusiness licenses that authorize cultivation of cannabis shall include the license conditions described in subdivision (b) of Section 26060.1 [of the Business and Professions Code].
W. 
"Nursery"
has the same meaning as in Section 26001 of the Business and Professions Code. "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
X. 
"Outdoor cultivation" (land use)
mean the cultivation and distribution of cannabis that occurs outdoors or within a greenhouse or other similar agricultural structure, and includes "Mixed-Light cultivation" and "outdoor cultivation" as defined in Section 8000 of the Code of Regulations:
1. 
"Mixed-light cultivation" means the cultivation of mature cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure.
2. 
"Outdoor cultivation" means the cultivation of mature cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time.
Y. 
"Process," "processing," and "processes"
has the same meaning as in Section 8000 of the Code of Regulations Code. "Process," "Processing," and "Processes" mean all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products.
Z. 
"Regulatory permit"
means any permit required by the City to engage in a cannabis-oriented business or activity, including but not limited to the cannabis-oriented business permit required by San Jacinto Municipal Code section 9.28.
AA. 
"Secured area"
is all cultivation areas, manufacture areas and storage areas, and includes areas where cannabis or cannabis products are loaded onto vehicles or other conveyances for delivery or transportation.
BB. 
"State license"
means any license required by the State of California for the operation of any business or activity related to cannabis-oriented businesses, including but not limited to licenses issued under Division 10 of the Business and Professions Code.
CC. 
"Storage area"
is any area where cannabis or cannabis products are stored.
DD. 
"Testing laboratory"
has the same meaning as in Section 26001 of the Business and Professions Code. "Testing laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
1. 
Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
2. 
Licensed by the Bureau of Cannabis Control.
EE. 
"Youth center"
has the same meaning as in Section 26001 of the Business and Professions Code. "Youth center" means 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 (Section 26001 of the Business and Professions Code references Section 11353 of the Health and Safety Code).
FF. 
Any term defined in this section also means the very term as defined in the California Use and Professions Code or the California Health and Safety Code, unless otherwise specified.
(Ord. 24-13, 10/1/2024)
All cannabis-oriented businesses shall comply with the following requirements, and the following applicable requirements of this section shall be deemed conditions of all cannabis-oriented businesses permit approvals. Failure to comply with applicable requirement contained in this Code shall be grounds for revocation of any permit issued in compliance with this Code.
A. 
Underlying zone standards. The establishment of a cannabis-oriented business shall comply with all applicable City zoning site development standards of the zone, or area in which the cannabis-oriented business is located, the building and construction codes, maximum occupancy loads, fire codes, and health and safety regulations in effect in the City, except as explicitly modified by this chapter. Nonconforming uses or properties must be brought into conformity with all applicable standards including, but not limited to, parking, landscaping, and signage.
B. 
Permitted locations. Cannabis-oriented businesses shall only be permitted in the following locations:
Land Use
Permitted Location
Outdoor Cultivation
Parcels located west of North Sanderson Avenue and north of Cottonwood Avenue.
Indoor
As permitted in Tables 2-2 – Allowed Uses and Permit Requirements (Commercial and Office Zones and Industrial Zones respectively)
Cultivation
Dispensaries
Distribution
Manufacturing
Microbusinesses
Testing Laboratories
C. 
Restriction on alcohol and tobacco sales or consumption. Cannabis-oriented business shall not allow the sale, dispending, or consumption of alcoholic beverages or tobacco on the site of the cannabis-oriented business.
D. 
Outdoor cultivation.
1. 
Minimum site size. No outdoor cannabis-oriented businesses use shall take place on any parcel/lot less than two acres.
2. 
Minimum cultivation area size. There is no minimum; however, the cultivation area shall comply with licensing requirements established by the California Department of Food and Agriculture.
3. 
Maximum cultivation area size. There is no maximum; however, the cultivation area shall comply with licensing requirements established by the California Department of Food and Agriculture.
4. 
Secure area. The secure area shall be fully enclosed in a minimum six-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right-of-way by the building or solid wall (block, wood or vinyl) no less than six feet.
a. 
Prohibited materials. Screen mesh and other similar material shall not be added to chain link fencing. Barbed wire, razor wire, and fences with an electrical charge that can be touched from outside the fence shall be prohibited if visible from the public right-of-way.
5. 
Proximity standards — schools, day care and youth centers. No outdoor cultivation use shall be established or located within 600 feet of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center. The distance between any cannabis-oriented businesses and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the nearest property line of the site containing the cannabis-oriented business to the nearest property line of the school, day care and youth center.
6. 
Proximity standards — residences.
a. 
No outdoor cultivation use shall be established or located within 100 feet of any residence excluding residences located within the parcel for which a cannabis-oriented business permit is requested.
b. 
Outdoor cultivation within 200 feet of any residence, excluding residences located within the parcel for which a cannabis-oriented business permit is requested, shall be limited to areas within an enclosed greenhouse with sufficient odor control mechanisms.
7. 
Permitted accessory uses. Outdoor cultivation uses shall be limited to the growth, cultivation, processing, transportation and distribution of cannabis.
8. 
Prohibited uses. Manufacturing, retail sales, and other uses not expressly permitted shall be prohibited.
9. 
Parking.
a. 
Quantity. On-Site parking shall be provided as determined by the Director based on the operation of the facility.
b. 
Material. An alternative all-weather parking surface may be permitted subject to review and approval of the Director, Engineering and the Fire Marshal; however, at least the first 100 feet of the driveway must be paved per City standards to prevent track out onto City streets.
10. 
Parking lot lighting. Parking lot lighting shall not be required.
E. 
Indoor cannabis oriented uses
1. 
Minimum area size. There is no minimum; however, the cultivation or manufacturing areas shall comply with licensing requirements established by the California Department of Food and Agriculture.
2. 
Maximum cultivation area size. There is no maximum; however, the cultivation or manufacturing areas shall comply with licensing requirements established by the California Department of Food and Agriculture.
3. 
Secure area. The secure area shall be fully enclosed in a minimum six-foot-tall fence or wall. All loading, unloading and distribution areas shall be screened from view from the right-of-way by the building or solid masonry wall no less than six feet.
a. 
Prohibited materials. Screen mesh and other similar material shall not be added to chain-link fencing. Barbed wire, razor wire, or any other similar materials that contain an electrical charge that can be touched from outside the fence and wall shall be prohibited.
4. 
Proximity standards — schools, day care and youth centers. No indoor cultivation use shall be established or located within 600 feet of an existing school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center. The distance between any cannabis-oriented businesses and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the cannabis-oriented business to the nearest property line of the school, day care and youth center.
5. 
Proximity standards — residences. No cannabis-oriented businesses shall be established or located within 100 feet of any residential dwelling. The distance between any cannabis-oriented businesses and any residence shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the cannabis-oriented business to the nearest property line of the residence.
6. 
Parking. Parking shall be provided in accordance with Chapter 17.330 (Off-Street Parking and Loading Standards) except as modified below.
Use
Minimum Parking Spaces
Cultivation, Distribution and Manufacturing
1 space per employee at the largest shift
Dispensary (Adult Use Retail and Medical Sales)
1 space for each 250 square feet GFA
Testing Laboratories
1 space for each 500 square feet GFA
GFA — Gross Floor Area
7. 
Additional standards for dispensaries
a. 
Notwithstanding the proximity standards above, no dispensary shall be established or located within 600 feet of a feet of an existing school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center. The distance between the dispensary and any school shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the building containing the dispensary to the nearest property line of the school, day care and youth center.
b. 
Dispensaries shall only be permitted as an ancillary use to a permitted and fully operational cultivation or manufacturing cannabis-oriented business located within the City limits. A maximum of one dispensary shall be permitted per licensed cultivator or manufacturer. No land use permit applications for a dispensary shall be accepted for processing until the associated cultivation or manufacturing cannabis-oriented business is fully operational.
c. 
Dispensaries must obtain a separate cannabis-oriented businesses permit and a cannabis-oriented business regulatory permit.
d. 
Only one dispensary may be located on a single-parcel.
e. 
Dispensaries shall not be located within 500 feet of another dispensary. The distance between dispensaries shall be measured in a straight line, without regard to the boundaries of the City and intervening structures, from the property lines of each dispensary nearest the other.
f. 
Dispensaries shall be limited in size to no larger than 3,500 square feet while at no time allowing the public dispensing area to exceed 1,500 square feet.
g. 
No dispensary shall operate between the hours of 10:00 p.m. and 6:00 a.m.
h. 
Dispensaries shall maintain high resolution video recording of all entrances and exits and interior spaces of the facility for no less than 240 hours. The cameras shall be in use 24 hours per day, seven days per week.
i. 
Recordings made by security cameras shall be made immediately available to the City manager or designee upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials.
j. 
The cannabis retail business shall notify patrons of the following through posting of a sign in a conspicuous location:
i. 
Secondary sale, barter or distribution of cannabis is a crime and can lead to arrest.
ii. 
Loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot.
iii. 
A warning that patrons may be subject to prosecution under federal cannabis laws.
iv. 
That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery.
(Ord. 24-13, 10/1/2024)
A. 
No consumption. Cannabis or cannabis product shall not be consumed on any site containing a cannabis-oriented business except as authorized by a cannabis-oriented business permit in compliance with state law.
B. 
Secured area. The main entrance to the secured area shall be manned by at least one security guard at all times during operating hours. Any other entrance shall be secured in a manner that only enables entry of authorized persons. For purposes of this requirement, the "main entrance" may be the entrance to the employee parking area provided that the parking area is secure and there is no separate main entrance to the secured area. Each cultivation area, manufacture area, and storage area shall be within the secured area.
C. 
Manufacturing, storage and distribution areas. All manufacturing, storage and distribution shall be within a fully enclosed building or accessory structure, except that outdoor loading docks may be used for loading for distribution provided the loading docks are fully screened from public view by a building or solid masonry wall as provided above.
D. 
Cleanliness. All exterior areas of any cannabis-oriented business site, including building, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
E. 
Lighting. All lighting shall be in accordance with Section 17.300.080 (Outdoor Light and Glare) and Section 17.330.080 (Parking Design and Development Standards) of the Development Code except as otherwise modified in this chapter.
F. 
Noise. Cannabis-oriented business shall comply with all applicable standard of Section 17.300.060 (Noise) of the Development Code and Chapter 8.40 (Noise) of the Municipal Code.
G. 
Odor control. Cannabis-oriented business shall install odor control systems to ensure that odors from the facility are not detectable from the outside of the facility. Failure to control odors from being detectable from outside the facility shall be grounds for revocation of the cannabis-oriented business permit.
H. 
Management. A manager with operational authority shall be on the premises during all times the use is operating and must be included on the associated cannabis-oriented business regulatory permit.
I. 
Protection of minors. In compliance with Section 26140 of the Business and Professions Code:
1. 
Any facility with an A-license shall not:
a. 
Sell cannabis or cannabis products to persons under 21 years of age.
b. 
Allow any person under 21 years of age on its premises, unless the A-licensee holds an M-license and the licensed premises for the A-license and M-license are the same.
c. 
Employ or retain persons under 21 years of age.
d. 
Sell or transfer cannabis or cannabis products unless the person to whom the cannabis or cannabis product is to be sold first presents documentation which reasonably appears to be a valid government-issued identification card showing that the person is 21 years of age or older.
2. 
Notwithstanding Subsection I.1 above, any facility with an M-licensee may:
a. 
Allow on the premises any person 18 years of age or older who possesses a valid government-issued identification card, and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician's recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
b. 
Allow any person 21 years of age or older on its premises if the M-licensee holds an A-license and the licensed premises for the M-license and A-license are the same.
c. 
Sell cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a valid county-issued identification card under Section 11362.712 of the Health and Safety Code or a valid physician's recommendation for himself or herself or for a person for whom he or she is a primary caregiver.
J. 
Copies of state permits. The applicant shall provide the City with copies of all applications, plans and security plans submitted to the state for a state license.
(Ord. 24-13, 10/1/2024)
A. 
Land use permit. Every property for which a cannabis-oriented business is proposed to be established, maintained, operated, or conducted in the City shall obtain a cannabis-oriented business permit, pursuant to Chapter 17.603 (Cannabis-Oriented Business Permit).
B. 
Regulatory permit. Every person who proposes to establish, maintain, operate, or conduct a cannabis-oriented business in the City shall obtain a cannabis-oriented business regulatory permit required by the City, pursuant to Chapter 9.28 (Regulation of Cannabis Uses).
C. 
Business license. Every person who proposes to establish, maintain, operate, or conduct a cannabis-oriented business in the City shall obtain a business license.
D. 
State license. Every person who proposes to establish, maintain, operate, or conduct a cannabis-oriented business in the City and every property for which a cannabis-oriented business is proposed to be established, maintained, operated, or conducted shall obtain all state licenses for the activity to be conducted. Any applicant or operator who begins operation prior to issuance of state licenses must fully comply with existing state and local law and must apply for a state license at the earliest possible opportunity. To the extent the United States of America, or any federal department or agency, establishes any procedure for the licensing, permitting, or regulating of cannabis-oriented business, then any reference in this Code to a state license shall be deemed to also include any relevant federal license.
E. 
Duty to maintain copies of all permits, licenses, permits and conditions of approval. A copy of all land use permits, regulatory permits, business license, state license or other permit or license required by the City, county, or state for the establishment or operation of a cannabis-oriented business shall be maintained on site along with all conditions of approval associated thereof. Such permits may be inspected from time to time by City, county or state representatives or law enforcement personnel and shall be furnished immediately upon request. The on-site manager, in addition to the property owner, business owner, or representative shall be responsible for ensuring compliance with all applicable codes, permits, licenses, and conditions of approval.
(Ord. 24-13, 10/1/2024)