§ 10-3.707. Development and Operational Standards.

(a)

Building Requirements. All structures used in commercial cannabis uses shall be located in structures designed for that occupancy, per MMC Chapter 1, Article 9 of Title 9 and shall comply with all applicable sections of the Modesto Municipal Code. Commercial cannabis uses that provide access to the public including, but not limited to, employees, vendors, contractors, business partners, members, customers or patients shall meet Modesto Municipal Code and state requirements for accessibility including accessible parking, accessible path of travel, restrooms, and washing facilities.

(b)

Emissions Control. All commercial cannabis uses shall utilize appropriate measures in construction and, where applicable, operations to prevent the emissions of dust, smoke, noxious gases, or other substances that have the potential to impact local or regional air quality.

(c)

Hours of Operation. Hours of operation for commercial cannabis uses may be established in permit conditions.

(d)

Odor Control and Ventilation. Commercial cannabis uses shall comply with all current and future state laws and regulations related to odor control and ventilation, in addition to any specific requirements for the particular use established in this article. No commercial cannabis use may operate in a manner whereby cannabis odors are detectable from adjacent and nearby properties. All commercial cannabis uses must install a ventilation system that adequately controls for odor, humidity, and mold. Conditions of approval may include a schedule related to changing filters.

(e)

Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor and mixed light cultivation operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

(f)

Runoff and Stormwater Control. Runoff containing sediment, or other waste or by-products, shall not be allowed to drain to the storm drain system, waterways, or adjacent lands. Prior to beginning grading or construction, the operator shall prepare and implement a Stormwater Management Plan and an Erosion and Sediment Control Plan, approved by the City. The plan must include best management practices for erosion control during and after construction, and permanent drainage and erosion control measures pursuant to City requirements.

(g)

Energy Use. Use of renewable resources for indoor cultivation and mixed light operations is encouraged, and the City's Commercial Cannabis permit application procedures may award credit for use of renewable resources.

(h)

All outdoor and mixed light cultivation sites shall be screened by vegetation and fenced with locking gates consistent with height limitations of the base zoning district to screen cultivation operations from public view. Fencing shall be consistent with the surrounding area and shall not diminish the visual quality of the site or surrounding area. Razor wire, chain-link, and similar fencing shall not be permitted.

(i)

Required Signage. The following signs, in measurements of not less than eight by ten (8x10) inches, shall be clearly and legibly posted in a conspicuous location inside the dispensary where they will be visible to customers in the normal course of a transaction, stating:

(1)

"The sale of cannabis without a state license and local permit is illegal."

(2)

"Smoking cannabis on this property, within twenty (20) feet of the dispensary, or in any public place is illegal under California law."

(3)

For medical cannabis dispensaries: "No one under the age of eighteen (18) shall be allowed on the premises, unless they are a qualified patient or a primary caregiver."

(4)

For nonmedical cannabis dispensaries: "No one under the age of twenty-one (21) shall be allowed on the premises."

(5)

For all cannabis dispensaries: "This business is under surveillance accessible by the Modesto Police Department."

(j)

Record keeping, audits, and inspections. All commercial cannabis permit holders must comply with any and all record keeping, audit, and inspection requirements of the city's cannabis business tax ordinance. The following requirements shall also apply:

(1)

As part of the permitting process, the cannabis permit holder shall provide written consent for the inspection and copying by the City of any recordings and records required to be maintained under this chapter without the requirement of a search warrant, subpoena, or court order.

(2)

As part of the permitting process, the cannabis permit holder shall provide written consent for the inspection of the location and premises by the City at any time and without notice during hours of operation and at any other time upon reasonable notice, without the requirement of a search warrant or court order.

(3)

Records from at least the prior five (5) years to be maintained by all permit holders include, but are not limited to:

(i)

Name, birth date, and telephone numbers for all managers and staff at the business, as well as hire date and the nature of each staff member's role;

(ii)

A written accounting of all income and expenditures of the business, including all cash and in-kind transactions;

(iii)

All retail sales transaction information for at least the five (5) prior years;

(iv)

"Seed to sale" track and trace documentation that produces historical transactional data for all cannabis and cannabis products received and at and taken from the premises; and

(v)

Copies of all insurance policies, including the commercial general liability policy.

(4)

At the request of the City Manager, all records required by this section shall be made available in standard electronic format which shall be compatible with Microsoft Office programs and which can easily be imported into either Excel, Access, or any other contemporary software program designated by the City Manager.

(Ord. No. 3684-C.S., § 4, effective 2-15-18)