Calaveras County Regulatory Ordinance
Calaveras County has a few unique provisions in it's regulatory ordinance: Adopted Regulatory Ordinance adopted 10/22/2019. Section 17.95.090 lists out the operating restrictions for commercial cannabis cultivation in Calaveras County. Those operating restrictions includes a ban on generators, except for emergencies. The entire operating restriction on generators is below.
17.95.090 Commercial Cannabis Cultivation Operating Restrictions
The following requirements apply to all commercial cannabis cultivation in the County:
N. Generators
1. No generator shall be used for any cultivation activities, including pumping, except as an emergency backup to another power source. The term “emergency”, for purposes of this provision, means a temporary outage of the primary power source due to circumstances that are verifiably beyond the permittee’s control and unrelated to non-payment of a utility or other vendor providing or servicing the primary power source.
2. The permittee shall have the burden of establishing that there was a verifiable “emergency” requiring the use of a generator.
3. Any generator providing temporary, emergency power to the premises shall be:
a. Set back a minimum of seventy-five (75) feet from the closest property line separating parcels that are not contiguously owned or leased;
b. In compliance with the County’s noise ordinance; and
c. Permitted by the Building Department if required by a county or state standard. Permitted installations shall be inspected for compliance prior to any use.
N. Generators
1. No generator shall be used for any cultivation activities, including pumping, except as an emergency backup to another power source. The term “emergency”, for purposes of this provision, means a temporary outage of the primary power source due to circumstances that are verifiably beyond the permittee’s control and unrelated to non-payment of a utility or other vendor providing or servicing the primary power source.
2. The permittee shall have the burden of establishing that there was a verifiable “emergency” requiring the use of a generator.
3. Any generator providing temporary, emergency power to the premises shall be:
a. Set back a minimum of seventy-five (75) feet from the closest property line separating parcels that are not contiguously owned or leased;
b. In compliance with the County’s noise ordinance; and
c. Permitted by the Building Department if required by a county or state standard. Permitted installations shall be inspected for compliance prior to any use.
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact an attorney for legal advice. Rooted Legal PC includes attorneys who are well-versed in cannabis law matters and are located in Sacramento California. This post is addressing an ordinance that may change in the future regarding use of generators in commercial cannabis businesses located in Calaveras County.