Calaveras County Municipal Code
AN URGENCY ORDINANCE ADDING CHAPTER 17.95 TO THE CALAVERAS COUNTY CODE REGULATING MEDICAL CANNABIS CULTIVATION AND COMMERCIAL USES INVOLVING MEDICAL CANNABIS PENDING ENVIRONMENTAL REVIEW AND ADOPTION OF A PERMANENT
17.95.130 – Applicability, interpretation, and general terms.
- The regulations in this chapter shall apply to the location of medical cannabis cultivation and commercial activities related to medical cannabis in zoning districts described in the county code until such time as a permanent ordinance regulating these activities is enacted.
17.95.130 – Applicability, interpretation, and general terms
- Should the state begin issuing medical cannabis cultivation licenses under MMRSA (now MCRSA) before a permanent medical cannabis cultivation ordinance has been enacted in Calaveras County, a cultivator of medical cannabis who is registered pursuant to this chapter and who can otherwise demonstrate consistent compliance with this chapter, the county code and all other relevant laws and regulations, may request from the planning department a validation stamp on his/her registration certificate so that such document may be used as evidence of local compliance for the purposes of Business and Professions Code Section 19322(a)(2). The county does not intend any medical cannabis registration document or certificate without a validation stamp to suffice as adequate documentation of local compliance for the purpose of applying for a state license under Business and Professions Code Section 19322(a)(2).
17.95.165 – Mandatory registration of medical cannabis cultivation sites.
- All medical cannabis cultivation within the jurisdictional boundaries of Calaveras County shall be prohibited unless and until the cultivation site is registered with the planning department in accordance with this chapter. Registration of a medical cannabis cultivation site must be completed by June 30, 2016 and shall require all of the following conditions to be satisfied regardless of the type of cultivation or the size of the cultivation area:
- As of May 10, 2016, the site was located in a zone where medical cannabis cultivation is allowed pursuant to this chapter.
- The minimum parcel size for an outdoor or mixed light commercial medical cannabis cultivation site shall be two acres. The maximum area of cultivation shall not exceed fifteen percent of the parcel area.
- All persons or entities who intend to cultivate medical marijuana but who did not register prior to June 30, 2016 must file with the planning department a notice of intent to cultivate medical cannabis. Such persons or entities shall be placed on a waiting list maintained by the planning department. No permit, license, or other authorization to cultivate medical cannabis shall be issued until completion of the period of time described in Section 17.95.165(N)(1).
17.95.175 – Automatic termination of registration upon adoption of permanent ordinance.
- Any and all registrations of medical cannabis cultivation sites pursuant to this chapter shall, without further notice, automatically terminate and be rendered invalid ninety calendar days after a permanent medical cannabis cultivation ordinance takes effect in Calaveras County, by which time all medical cannabis cultivation sites shall comply with the terms of such permanent ordinance.