1 BEFORE THE CITY COUNCIL OF THE CITY OF FORT BRAGG
AN ORDINANCE AMENDING SECTIONS
18.22.030, 18.24.030, 18.42.055,
18.42.057, 18.42.059 AND 18.100.020 OF
TITLE 18 (INLAND LAND USE AND
DEVELOPMENT CODE) OF THE FORT
BRAGG MUNICIPAL CODE
ORDINANCE NO. 979-2022
WHEREAS, the City of Fort Bragg’s (“City”) previously adopted ordinances governing cannabis businesses do not provide regulations for commercial cannabis cultivation; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21 U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import, manufacture, distribute, possess, or use marijuana for any purpose in the United States and further provides criminal penalties for marijuana possession, cultivation and distribution; and
WHEREAS, the People of the State of California have enacted Proposition 215, the Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5 et seq.) (the “CUA”), which exempts qualified patients and their primary caregivers from criminal prosecution under enumerated Health and Safety Code sections for use of marijuana for medical purposes; and WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et seq.) (the “MMPA”), as amended, which created a state-wide identification card scheme for qualified patients and primary caregivers; and WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Cannabis Regulation and Safety Act (MCRSA) formerly known as (the Medical Marijuana Regulation and Safety Act or MMRSA), effective January 1, 2016, which established a state licensing system for medical marijuana cultivation, manufacturing, testing, delivery, and dispensing, regulating these activities with licensing requirements and regulations that are only applicable if cities and counties also permit marijuana cultivation, manufacturing, testing, dispensing, and delivery within their jurisdictions. Under the MCRSA, cities and counties may continue to regulate and/or prohibit medical marijuana cultivation, manufacturing, dispensing, and delivery, consistent with their respective police powers, in which case the new law would not allow or permit these activities within the cities and counties where such activities are not otherwise permitted; and
WHEREAS, on February 3, 2016, Assembly Bill 21 (Wood) was signed by the Governor, amending provisions of MCRSA pertaining to cultivation licenses by eliminating a March 1, 2016 deadline for local jurisdictions for the promulgation of cultivation regulations or cultivation bans, or local jurisdictions would lose the ability to regulate to the State. Assembly Bill 21 also modified language in Health & Safety Code section 11362.777(g), which pertained to exemptions from licensing requirements for qualified patients and caregivers. The prior language, which specifically stated that local governments retained the right to prohibit cultivation without exception, was revised to state: “Exemption from the requirements of this section does not limit or prevent a city, county, or city and county from exercising its police authority under Section 7 of Article XI of the California Constitution;” and WHEREAS, on November 8, 2016, the electorate of the State of California approved Proposition 64 (“Prop 64”) which enacted the Adult Use of Marijuana Act (“AUMA”), to be codified in California Health and Safety Code at various sections and in California Business and Professions Code at various sections. The AUMA allows adults 21 and over to use, possess, and cultivate limited amounts of marijuana, establishes a state licensing and regulatory scheme for marijuana businesses serving the recreational market; and expressly allows local jurisdictions to prohibit outdoor cultivation of marijuana for personal use, to regulate indoor cultivation of marijuana for personal use, and to prohibit all non-medical and recreational marijuana businesses from locating and operating within their jurisdictions; and WHEREAS, on June 27, 2017, the Governor approved Senate Bill 94 which combined the regulatory schemes for MMRSA and AUMA into a single, comprehensive regulatory scheme known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”); and
WHEREAS, notwithstanding the CUA, MMPA, MMRSA, and MAUCRSA as amended, marijuana remains a schedule I substance pursuant to California Health & Safety Code § 11054 (d) (13); and
WHEREAS, the California Supreme Court has established that neither the CUA nor the MMPA preempt local cannabis regulation in the case of City of Riverside v.
Inland Empire Patients Health and Wellness Center, Inc., 56 Cal.4th 729 (2013); and WHEREAS, on February 25, 2019, the City Council of the City of Fort Bragg (“City Council”) sought to establish rules and regulations by which cannabis businesses may be permitted by considering an ordinance regulating retail, laboratory testing, manufacturing, and distribution cannabis businesses and accessory uses; and WHEREAS, through multiple public meetings, the Public Safety Committee, Fort Bragg Police Department and City staff have received input from citizens and discussed various options for permitting cannabis businesses; and WHEREAS, on November 21, 2019, the City Council of the City of Fort Bragg (“City Council”) adopted Ordinance 953-2019 which established rules and regulations by which cannabis businesses may be permitted; and
WHEREAS, on October 13, 2020, the City Council of the City of Fort Bragg (“City Council”) directed staff to develop regulations on commercial cannabis cultivation; and WHEREAS, the Community Development Committee met on February 23, 2021 and March 23, 2021 to review recommended updates to the Municipal Code and Inland Land Use and Development Code to include cannabis cultivation and receive public input; and
WHEREAS, on May 3, 2021, the City Council of the City of Fort Bragg received public input and directed staff to update the rules and regulations to streamline permitting under the Community Development Department; and
WHEREAS, also on May 3, 2021, the City Council determined that specific regulations and requirements were necessary to allow the commercial cultivation of cannabis cultivation in the City of Fort Bragg; and
WHEREAS, on May 20, 2021, the City Council determined that additional regulations were necessary for conducting retail cannabis activities; and WHEREAS, on September 27, 2021, the City Council put a moratorium on more cannabis businesses to study whether it would be appropriate to amend how the City regulates cannabis dispensaries in the Central Business District; and WHEREAS, on October 25, 2021 and November 8, 2021, the City Council provided direction to staff on zoning and specific land use standards for retail cannabis, commercial cannabis cultivation, and cannabis microbusinesses; and WHEREAS, on December 13, 2021, the City Council provided direction to staff on comprehensive updates to the City’s cannabis regulations including Title 18 (“Inland Land Use and Development Code” of the City’s Municipal Code; and WHEREAS, a Negative Declaration and Initial Study was prepared and was circulated to the public on February 17, 2022.
WHEREAS, on February 23, 2022, and March 9, 2022 the Planning Commission held a duly noticed public hearing to review and make a recommendation on the adoption of the proposed amendments to Title 18 Inland Land Use and Development Code and continued the meeting to a date certain; and
WHEREAS, City Council has determined that Title 18 should be amended to regulate the commercial cannabis activities; and
WHEREAS, the City Council finds that the adoption of this ordinance will not have a significant impact on the environment under the California Environmental Quality Act (CEQA) as a Negative Declaration and Initial Study, that were prepared and circulated to the public on February 17, 2022, pursuant to the California Environmental Quality Act (“CEQA”), found no significant impacts.
NOW, THEREFORE, the City Council ordains as follows:
Section 1. Legislative Findings. The City Council hereby finds as follows:
1. The foregoing recitals are true and correct and are incorporated into this ordinance.
2. Amending Title 18 of the Fort Bragg Municipal Code in the manner described will ensure that cannabis businesses are effectively regulated so that they will not be detrimental to the public interest, health, safety, convenience or welfare of the City.
3. A Negative Declaration and Initial Study was prepared and circulated to the public on February 17, 2022, pursuant to the California Environmental Quality Act (“CEQA”) and the environmental review found no significant impacts.
Section 2. Section 18.22.030 and 18.24.030 (“Inland Land Use and Development Code”) of the Fort Bragg Municipal Code is hereby amended to include the following specific additions and changes:
18.22.030 Commercial District Land Uses and Permit Requirements TABLE 2-6
Allowed Land Uses and Permit
Requirements
for Commercial Zoning Districts
P
Permitted use, Zoning Clearance
required
MUP
Minor Use Permit required (see
§ 18.71.060)
UP Use Permit required (see § 18.71.060)
S
Permit requirement set by Specific Use
Regulations
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY DISTRICT Specific
Use
CN CO CBD CG CH Regulations
RETAIL TRADE
Cannabis retail & accessory cannabis
uses
— — MUP(3,4) MUP
(4)
MUP
(4)
18.42.057
Chapter
9.30 Cannabis retail - delivery only — — — MUP
(4)
MUP
(4)
18.42.057
Chapter
9.30 Notes:
(3) The number of permissible Cannabis Retail Businesses in the Central Business District shall be set by resolution of the City Council in an amount not to exceed 3 businesses. (4) Retail Cannabis businesses shall be permissible only on parcels located west of the centerline of Franklin Avenue in the CBD, CG and CH districts.
18.24.030 - Industrial District Land Uses and Permit Requirements TABLE 2-10
Allowed Land Uses and Permit
Requirements
for Industrial Zoning Districts
P
Permitted use, Zoning
Clearance required
MUP
Minor Use Permit required
(see § 18.71.060)
UP
Use Permit required (see
§ 18.71.060)
S
Permit requirement set by
Specific Use Regulations
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY
DISTRICT Specific Use
IL IH Regulations
AGRICULTURAL, RESOURCE AND OPEN SPACE USES
Cannabis – Indoor Cultivation (Nurser
and/or, Mature Plants)
MUP MUP Chapter 9.30 and
18.42.055
TABLE 2-10
Allowed Land Uses and Permit Requirements
for Industrial Zoning Districts
P
Permitted use, Zoning Clearance
required
MUP
Minor Use Permit required (see
§ 18.71.060)
UP
Use Permit required (see
§ 18.71.060)
S
Permit requirement set by
Specific Use Regulations
— Use not allowed
LAND USE (1)
PERMIT REQUIRED BY
DISTRICT Specific Use
IL IH Regulations
RETAIL TRADE
Accessory Cannabis – Retail, Retail Delivery MUP (2) MUP (2) 18.42.057 Chapter 9.30
Notes:
(1) See Article 10 for land use definitions.
(2) Use shall only be allowable as an accessory use to a cannabis business engaged in manufacturing, cultivation and/or distribution.
Section 3. Sections 18.42.055, 18.42.057 and 18.42.059 of the Inland Land Use and Development Code of the Fort Bragg Municipal Code are hereby replaced in their entirety with the following as noted below:
18.42.055 Commercial Cannabis Cultivation
A. Applicability. Where allowed by Article 2 (Zoning Districts and Allowable Land Uses) Commercial Cannabis Cultivation shall comply with the standards of this Section. These standards apply in addition to the other provisions of this Development Code and requirements imposed by Chapter 9.30 of the Municipal Code and any required State licenses prior to operation.
B. Definitions. Definitions of the Commercial Cannabis Cultivation facilities regulated by this Section are in Article 10 (Definitions) under “Cannabis.”
C. Standards for Commercial Cannabis Cultivation. A Minor Use Permit for Commercial Cannabis Cultivation shall be approved, if it complies with the following standards:
1. Additional Permits and Licenses Required. A cannabis cultivation business shall obtain a cannabis business permit subject to Chapter 9.30 of the Municipal Code and any required state licenses prior to operation.
2. Operational requirements. Operational requirements may include project specific conditions of approval, the requirements set forth in Chapter 9.30, and the following operational requirements:
a. Employees. The cannabis operator shall maintain a current register of the names of all employees and shall disclose such register for inspection by any City officer or official for purposes of determining compliance with the requirements of this Section and/or any project specific conditions of approval prescribed in the Minor Use Permit. b. Visitors. Only employees, managers, owners, and government agency representatives are allowed in non-retail areas of the business. c. Utilities. Commercial cannabis cultivation shall use the best available technologies for water systems and water recycling and are encouraged to use an alternate source of water from the City’s potable water system. Commercial cannabis cultivators shall use energy efficient lighting and equipment. A cannabis cultivator shall provide proof of the utility provider’s ability to provide reliable power to the cultivation site. Electricity must be exclusively provided by a renewable energy source(s), including but not limited to:
1) documented grid power supplied from a 100% renewable source, or 2) on-site renewable energy system.
d. Environmentally Friendly Practices. Cultivation projects shall use environmentally friendly practices, including integrative pest management and waste reduction.
Applicant shall provide a list of all fertilizers, insecticides and fungicides to the Municipal Services District and shall enter into an agreement with the Municipal Services District regarding use of fertilizers, insecticides and fungicides if required by the Director of Public Works.
e. Odor. Cannabis cultivations shall use the best available technology to ensure odors are not detected on adjacent or nearby property or areas open to the public. f. Lighting and Glare. All cultivation projects shall use automatic shades or another equivalent measure to prevent light, from the cultivation area, from escaping the building at night.
3. Cannabis Accessory uses to commercial cultivation. Cannabis Retail-Delivery and Cannabis Retail and permissible as accessory uses with Minor Use Permit approval. Other accessory uses may be approved as noted in Table 2.10 of Article 2.
18.42.057 Cannabis Retail
A. Applicability. Where allowed by Article 2 (Zoning Districts and Allowable Land Uses) Cannabis Retail shall comply with the standards of this Section. These standards apply in addition to the other provisions of this Development Code and requirements imposed by Chapter 9.30 of the Municipal Code and any required State licenses prior to operation.
B. Definitions. Definitions of the Cannabis Retail facilities regulated by this Section are in Article 10 (Definitions) under “Cannabis.”
C. Standards for Cannabis Retail. A Minor Use Permit for Cannabis Retail shall be approved if it complies with the following standards:
1. Additional Permits and Licenses Required. A cannabis storefront retail business shall obtain a cannabis business permit subject to Chapter 9.30 of the Municipal Code and any required state licenses prior to operation.
2. Operation Requirements.
a. Odor. Cannabis cultivations shall use the best available technology to ensure odors are not detected on adjacent or nearby property or areas open to the public. b. Hours of Operation. Cannabis retail may operate between the hours of 9:00 a.m. to 9:00 p.m. up to 7 days per week unless the review authority imposes more restrictive hours due to the particular circumstances of the application. The basis for any restriction on hours shall be specified in the permit. Cannabis retail uses shall only be permitted to engage in delivery services during hours that the storefront is open to the public, unless the review authority permits delivery outside these hours. c. Lighting and Screening. Projects that are on properties adjacent to residential properties shall comply with §18.30.050(F) and §18.30.070. d. On-Site Consumption. The consumption of cannabis at a cannabis retail use or within the parking lot or public right-of-way are prohibited. e. Drive-through services. Drive-through or walk-up window services in conjunction with cannabis retail are prohibited.
3. Location Requirements. In order to avoid the concentration of Cannabis Retail land uses and maintain the downtown commercial character, and compatibility with adjacent residential uses, A cannabis retail business shall not be:
a. Located within 150 feet of a school providing instruction in kindergarten or any grades 1 through 12, a child day care center or facility, a youth center as defined in the State of California Health and Safety Code Section 11353.1(e)(2) or a park. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school, youth center, day care facility, and/or park to the closest property line of the lot on which the cannabis business is proposed.
4. Accessory Uses. The primary use of a cannabis retail use shall be to sell products directly to on-site customers.
a. Accessory Uses. The following uses are permissible as accessory uses to Cannabis Retail. More than one accessory use is permissible, however each accessory use shall not exceed the total square footage of the primary use.
i. Office, Nursery (non-flowering) cultivation for on-site sales only; Retail Delivery; On-Site Distribution, Craft Cannabis Manufacturing – no volatile solvents permitted, Distribution, Wholesale.
ii. Fire suppression sprinklers are required in all buildings with on-site nursery cultivation located in commercial districts. Nursery cultivation as an accessory use shall also comply with section 18.42.055 Commercial Cannabis Cultivation. b. Minor Use Permit. If a permitted cannabis retail use chooses to provide an accessory use or services at a later date, a Minor Use Permit shall be required. c. Accessory Delivery. Sales may also be conducted by delivery, subject to the requirements of Section 18.42.059:
18.42.059 - Cannabis Retail - Delivery Only
A. Applicability. Where allowed by Article 2 (Zoning Districts and Allowable Land Uses) Cannabis RetailDelivery shall comply with the standards of this Section. These standards apply in addition to the other provisions of this Development Code and requirements imposed by Chapter 9.30 of the Municipal Code and any required State licenses prior to operation.
B. Definitions. Definitions of the Cannabis Retail-Delivery facilities regulated by this Section are in Article 10 (Definitions) under “Cannabis.”
C. Standards for Cannabis Retail-Delivery. A Minor Use Permit for Cannabis Retail shall be approved if it complies with the following standards:
D. Operational requirements. In addition to project specific conditions of approval and the requirements set forth in Chapter 9.30, cannabis retail - delivery only uses shall comply with the following operational requirements:
1. Cannabis retail - delivery only uses shall comply with the same operational requirements applicable to cannabis retail uses (section 18.42.057).
2. The application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in Chapter 9.30, this Section, and State law.
Section 4. Section 18.100 of the Inland Land Use and Development Code of the Fort Bragg Municipal Code is hereby amended to include the following additional definitions and definition revisions.
18.100.020 - Definitions of Specialized Terms and Phrases Accessory Use. A use that is customarily incidental, related and clearly subordinate to a primary use on the same parcel and which does not alter the primary use, nor serve property other than the parcel where the primary use is located.
Accessory Use - Cannabis. See Cannabis Accessory Use.
Agricultural Accessory Structure. A structure for sheltering animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, noncommercial greenhouses, coops, corrals, and pens.
May also include the storage of petroleum products for an on-site agricultural use allowed by the applicable zoning district. Does not include pasture fencing, which requires no City approval when in compliance with § 18.30.050 (Fences, Walls, and Screening). Does not include structures for commercial cannabis cultivation (see Cannabis).
Agricultural Product Processing. The processing of harvested crops to prepare them for on-site marketing or processing and packaging elsewhere. Examples of this land use include the following:
• custom milling of flour, feed and grain
• pre-cooling and packaging of fresh or
farm-dried fruits and vegetables
• dairies (but not feedlots, see instead
“Livestock Operations, Sales Yards,
Feedlots, Stockyards”)
• sorting, grading and packing of fruits and
vegetables
• drying of corn, rice, hay, fruits and
vegetables
• tree nut hulling and shelling
• grain cleaning and custom grinding
• wineries
• hay baling and cubing
• cannabis processing
Cannabis. The following terms and phrases are defined for the purposes of Chapters 18.2 and Chapter
18.4 1. Cannabis. As defined in Municipal Code 9.30.
2. Cannabis Cultivation. The planting, growing, harvesting, and/or drying of cannabis. a. Indoor Cultivation. The cultivation of cannabis within a fully enclosed and secure permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot.
b. Nursery. All activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis. Nursery size is based on actual square footage, not on canopy size. A nursery shall not have mature plants. A nursery selling plants directly to consumers shall have a cultivation and retail license from the state.
c. Outdoor Cultivation. The cultivation of cannabis that is not within a fully enclosed and secure structure. Outdoor cultivation is unlawful in the city of Fort Bragg per Municipal Code
9.32. 3. Cannabis Retail. A cannabis business where cannabis or cannabis products are offered, either individually or in any combination, for retail sale directly to customers. The primary use of a cannabis retail business is to sell products directly to on-site customers. Sales may also be conducted by delivery. Also known as a cannabis “dispensary.” See also Cannabis Accessory uses and Chapter 9.30.
4. Cannabis Retail - Delivery Only. A cannabis business that is closed to the public and conducts sales exclusively by delivery.
5. Craft Cannabis Manufacturing – small scale, small batch manufacturing by hand, with or without the aid of small tools that may typically be found in other typical commercial businesses, including washing machines, blenders, cooking equipment, nursery tools, etc. Craft Cannabis Manufacturing does not involve volatile chemicals.
6. Cultivation Site. A location where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
7. Fully enclosed and secure structure. A building or a space within a building that complies with the California Building Code, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through.
If indoor grow lights or air filtration systems are used, they must comply with all applicable Building, Electrical, and Fire Codes.
8. Greenhouse. A completely enclosed structure whose structure members are made of pre-formed, rigid construction materials. The walls, roof, and ends are typically covered using a transparent material, often glass, that is fixed in place and which allows solar radiation to penetrate the surface and affect the growing environment of the plants inside.
9. Hoop House. A structure made of flexible construction materials, typically pvc pipe or similar material. The ends may be covered or left open and the material covering the structural is readily removable and is typically removed and re-affixed frequently. Hoop houses are considered outdoor cultivation.
10. Immature plant or immature. A cannabis plant that has a first true leaf measuring greater than one half inch long from base to tip (if started from seed) or a mass of roots measuring greater than one half inch wide at its widest point (if vegetatively propagated), but which is not flowering.
11. Mature Plant or Mature. A cannabis plant that is flowering.
12. On-Site Distribution. The movement of cannabis products from either nursery cultivation, processing, or manufacturing conducted on-site to a licensed retail-cannabis operation at the same site. Cannabis sold wholesale or distributed to offsite retail is classified under wholesale and distribution
13. Process or processing. All post-harvest activities associated with the drying, curing, grading, rolling, storing, packaging, and labeling of cannabis or non-manufactured cannabis products.
14. Volatile solvent. Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.
Cannabis Accessory Use. A use that is customarily incidental related and clearly subordinate to the primary use on the same parcel and which does not alter the primary use, nor serve property other than the parcel where the primary use is located. Cannabis Accessory Uses are defined in Title 18.42. More than one accessory use is permissible; however each accessory use shall not exceed the total square footage of the primary use.
Crop Production, Horticulture, Orchard, Vineyard. Commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:
• field crops
• ornamental crops
• flowers and seeds
• tree nuts
• fruits
• trees and sod
• grains
• vegetables
• melons
• wine and table grapes
Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, not including sales sheds, which are instead defined under “Produce Stand.” Does not include greenhouses which are instead defined under “Plant Nursery,” and “Residential Accessory Use or Structure,” or containerized crop production, which is instead defined under “Plant Nursery.” Does not include noncommercial home gardening, which is allowed as an accessory use in all zoning districts without City approval. Does not include cannabis cultivation or processing which is covered under the definition for Cannabis and regulated under Municipal Code 9.30, and for which specific land use regulations are provided in Chapter 18.42.055.
General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:
• antique stores
• art galleries
• art supplies
• bicycles
• books, magazines, and newspapers
• clothing, shoes, and accessories
• collectibles (cards, coins, comics,
stamps, etc.)
• consignment stores
• department stores
• dry goods
• fabrics and sewing supplies
• florists and houseplant stores (indoor
sales only; outdoor sales are “Building
and Landscape Materials Sales”)
• hardware (not including building or
landscape materials)
• health care supplies
• hobby materials
• jewelry
• luggage and leather goods
• musical instruments, parts and
accessories
• religious goods
• small wares
• specialty shops
• sporting goods and equipment
• stationery
• toys and games
• variety stores
Does not include adult-oriented businesses, second hand stores, or cannabis retail which are separately defined.
L. Definitions, “L.”
Laboratory - Analytical, Testing. A facility for testing and analysis, and/or research. Examples of this use include soils and materials testing labs, medical service labs and forensic labs, and cannabis testing labs.
See also “Research and Development (R&D).”
M. Definitions, “M.”
Manufacturing - Cannabis. A process where cannabis is transformed into a product (such as food, medicine, oil, clothing, textile, etc.), and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly.
Manufacturing/Processing - Heavy. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Also includes cannabis manufacturing and processing facilities with similar operational characteristics to the examples below. Examples of heavy manufacturing uses include the following:
1. Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps; or to be used as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.
2. Concrete, Gypsum, and Plaster Product Manufacturing. An establishment that produces bulk concrete, concrete building block, brick, and/or other types of precast and prefabricated concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under “Building and Landscape Materials Sales.”
3. Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations of a larger scale than home occupations are instead included under “Manufacturing/Processing - Light - Small-Scale Manufacturing.”
4. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt and tar. Does not include the manufacture of wood roofing materials (shingles, shakes, etc.; see “Manufacturing/Processing - Medium Intensity - Lumber and Wood Product Manufacturing”).
5. Petroleum Refining and Related Industries. Industrial plants for purifying petroleum, and the compounding of lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural gas (LNG) facilities, the manufacture of petroleum coke and fuel briquettes, tank farms, and terminal facilities for pipelines. Does not include petroleum pipeline surge tanks and pump stations (“Public Facility”), or petroleum product distributors (“Petroleum Product Storage and Distribution”).
6. Plastics, Other Synthetics, and Rubber Product Manufacturing. The manufacture of rubber products including: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires; products from recycled or reclaimed plastics or Styrofoam; molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, fiberglass manufacturing, and fiberglass application services. Does not include establishments engaged primarily in recapping and retreading automobile tires (“Vehicle Services - Major Repair/Body Work”).
7. Primary Metal Industries. An establishment engaged in: the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.
8. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard.
Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper (“Manufacturing/Processing - Light - Paper Product Manufacturing”).
9. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (“Manufacturing/Processing - Light - Clothing and Fabric Product Manufacturing”), and industries that transform hides into leather by tanning or curing. Includes:
• coating, waterproofing, or otherwise
treating fabric
• manufacturing of woven fabric, carpets,
and rugs from yarn
• dressed and dyed furs
• preparation of fiber and subsequent
manufacturing of yarn, threads, braids,
twine cordage
• dyeing and finishing fiber, yarn, fabric,
and knit apparel
• leather - tanned, curried, and finished
• scouring and combing plants
• manufacture of knit apparel and other
finished products from yarn
• upholstery manufacturing
• manufacture of felt goods, lace goods,
nonwoven fabrics and miscellaneous
textiles
• yarn and thread mills
Manufacturing/Processing - Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Also includes non-volatile cannabis manufacturing and processing and processing facilities with similar operational characteristics to the examples below. Examples of light manufacturing uses include the following:
1. Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see “Personal Services”). See also “Manufacturing/Processing - Heavy - Textile and Leather Product Manufacturing.”
2. Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including:
• appliances including stoves/ovens,
refrigerators, freezers, laundry
equipment, fans, vacuum cleaners,
sewing machines
• motors and generators
• optical instruments and lenses
• photographic equipment and supplies
• aviation instruments
• radio and television receiving equipment
• computers, computer components,
peripherals
• surgical, medical and dental instruments,
equipment, and supplies
• electrical transmission and distribution
equipment
• storage media, blank and pre-recorded,
including magnetic, magneto-optical, and
optical products such as compact disks
(CDs), computer diskettes and hard
drives, digital versatile disks (DVDs),
magnetic tape products, phonograph
records, etc.
• electronic components and accessories
• semiconductors, integrated circuits,
related devices
• electrical welding apparatus
• lighting and wiring equipment such as
lamps and fixtures, wiring devices,
vehicle lighting
• surveying and drafting instruments
• telephone and telegraph apparatus
• transformers, switch gear and
switchboards
• industrial controls
• instruments for measurement, testing,
analysis and control, associated sensors
and accessories
• watches and clocks
• miscellaneous electrical machinery,
equipment and supplies such as
batteries, X-ray apparatus and tubes,
electromedical and electrotherapeutic
apparatus, electrical equipment for
internal combustion engines
Does not include testing laboratories (soils, materials testing, etc.) (see “Business Support Service”), or research and development facilities separate from manufacturing (see “Research and Development”).
3. Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Examples of these uses include:
• bottling plants
• fruit and vegetable canning, preserving,
related processing
• breweries
• grain mill products and by-products
• candy, sugar, confectionery products
manufacturing
• meat, poultry, and seafood canning,
curing, byproduct processing
• catering services separate from stores or
restaurants
• soft drink production
• miscellaneous food item preparation
from raw products
• coffee roasting
• dairy products manufacturing
• fat and oil product manufacturing
• edible cannabis products
Does not include: bakeries, which are separately defined.
4. Furniture and Fixtures Manufacturing. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Does not include wood workers and custom cabinet shops, which are separately regulated under “Artisan/Craft Product Manufacturing.” Does not include sawmills or planing mills, which are instead included under “Manufacturing/Processing - Heavy.”
5. Small-Scale Manufacturing. Includes manufacturing establishments producing small products not classified in another major manufacturing group, including: brooms and brushes; buttons, costume novelties; pens, pencils, and other office and artists’ materials; sporting and athletic goods; toys; etc.
6. Metal Products Fabrication, Machine and Welding Shops. An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products. Examples of these uses include:
• blacksmith and welding shops
• plating, stripping, and coating shops
• sheet metal shops
• machine shops and boiler shops
7. Paper Product Manufacturing. An establishment that converts pre-manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes pre-manufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (see “Manufacturing/Processing - Heavy - Pulp and Pulp Product Manufacturing”).
Manufacturing/Processing - Medium Intensity. A facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under “Manufacturing/Processing - Light,” but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Also includes cannabis manufacturing and processing facilities with similar operational characteristics to the examples below. Examples of intensive manufacturing uses include the following:
1. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products:
• containers, pallets and skids
• manufactured and modular homes
• milling operations
• trusses and structural beams
• wholesaling of basic wood products
• wood product assembly
2. Machinery Manufacturing. An establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (“Electronics, Equipment, and Appliance Manufacturing”).
3. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions. Does not include mobile home and modular home assembly (listed under “Lumber and Wood Product Manufacturing”).
4. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses. Does not include establishments engaged primarily in buying or selling partly finished monuments and tombstones (“Artisan/Craft Product Manufacturing”).
5. Structural Clay and Pottery Product Manufacturing. An establishment that produces brick and structural clay products, including pipe, china plumbing fixtures, vitreous china articles, and/or fine earthenware and porcelain products. Does not include artist/craftsman uses (see “Artisan/Craft Product Manufacturing,” “Home Occupation”).
P. Definitions, “P.”
Plant Nursery. A commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover either in containers or in the soil on the site, or outdoors in containers. The outdoor production of ornamental plants in the soil on the site is instead included under “Crop Production, Horticulture, Orchard, Vineyard.” Also includes establishments engaged in the sale of these products (e.g., wholesale and retail nurseries) and commercial-scale greenhouses (home greenhouses are included under “Residential Accessory Use or Structure”). The sale of house plants or other nursery products entirely within a building is also included under “General Retail.” Does not include cannabis nurseries which are defined separately under cannabis cultivation - nursery.
W. Definitions, “W.”
Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise, including cannabis products, to such persons or companies. Examples of these establishments include:
• agents, merchandise or commodity brokers, and commission merchants • assemblers, buyers and associations engaged in the cooperative marketing of farm products • merchant wholesalers
• stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment Also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.
Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Fort Bragg hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 6. Effective Date and Publication. This ordinance shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of its passage. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause a summary of said Ordinance to be published as provided in Government Code §36933, in a newspaper of general circulation published and circulated in the City of Fort Bragg, along with the names of the City Council voting for and against its passage.
The foregoing Ordinance was introduced by at a regular meeting of the City Council of the City of Fort Bragg held on and adopted at a regular meeting of the City of Fort Bragg held on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
____________________________________
BERNIE NORVELL
Mayor
ATTEST:
______________________________________
June Lemos, CMC
City Clerk
PUBLISH: date XX, 2022 and date XX, 2022 (by summary).
EFFECTIVE DATE: Date XX, 2022.