A. Purpose and Intent. It is the purpose and intent of this section to enact and enforce reasonable regulations to reasonably regulate the ability of an individual twenty-one (21) years of age or older to possess, plant, cultivate, harvest, dry, or process, for personal, noncommercial use, whether it is for medical or recreational uses, not more than six (6) living cannabis plants indoors and to possess the cannabis produced by the plants, all in accordance with the Adult Use of Marijuana Act of 2016 and, specifically, Sections 11362.1 and 11362.2 of the Health and Safety Code, as well as the Compassionate Use Act of 1996 (Proposition 215). The cultivation of cannabis for personal, noncommercial, medical and/or recreational use may only take place in accordance with this Chapter.
B. Indoor Personal Cultivation; Permit Required. It shall be unlawful for any person to plant, cultivate, harvest, dry, or process cannabis, cannabis plants, or the cannabis produced by the plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, without first obtaining and maintaining a valid indoor personal cultivation permit under this Chapter.
C. Indoor Personal Cultivation Permit.
1. Application. Every person required to have a personal cultivation permit under this Chapter shall make an application therefor, in a form prescribed by the Community Development Director of the City. Upon the payment of the fee established by resolution or ordinance of the City Council, and upon determination that none of the grounds for denial as specified in Section 19.75.040(G)(1) exist, the Community Development Director shall issue to such person a permit which shall contain:
a. The name of the person to whom the permit is issued.
b. The permit number issued.
c. The address of the private residence for which the permit has been issued.
d. The date of expiration of such permit.
e. Any conditions imposed by the City, if in addition to those proscribed in this Chapter.
f. If the private residence is leased or rented private residence to the permittee, the name of the property owner(s) whom gave the express, written consent for the cannabis cultivation activities pursuant to this Chapter.
g. Such other information as may be deemed necessary.
2. No more than one (1) permit per private residence shall be issued and maintained at any one time, regardless of the number of persons dwelling or residing in the private residence or upon the grounds thereof, and regardless of how many qualified patients are living in the private residence.
D. Indoor Personal Cultivation Regulations.
1. Permittees issued a personal cultivation permit under this chapter shall, at all times, conduct the activities authorized by said permit in strict accordance with the requirements of this section, Chapter, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94), California Adult Use of Marijuana Act (Proposition 64), Compassionate Use Act of 1997 (Proposition 215), or whichever is more restrictive, as well as any conditions of approval imposed by the City.
a. All planting, cultivation, harvesting, drying, and processing (or similar actions) of cannabis plants, and the cannabis produced by the plants, shall be conducted entirely within the interior of a private residence or accessory structure.
b. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. Kitchens, bathrooms or primary bedrooms of a residence shall not be used for cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.
c. Cultivation of cannabis shall not displace required off-street parking.
d. No permittee shall exercise or engage in any of the activities authorized by a personal cultivation permit, or otherwise engage in the planting, cultivation, harvesting, drying, and processing of cannabis plants, and the cannabis produced by the plants, except upon the grounds of a private residence of which the permittee is owner of the private residence, or a lawful, permanent resident who entered into a written lease agreement with the owner of the premises. For purposes of this paragraph, a lawful, permanent resident shall mean any permittee who, as of a given date, obtained the lawful right to occupy the private residence for more than thirty (30) consecutive days.
e. No cannabis may be cultivated in a leased or rented private residence without the prior express, written consent of the property owner. Said permittee shall obtain the written permission, including notarized signatures, of the legal owner(s) consenting to the indoor personal cultivation of cannabis on the private residence.
f. Not more than six (6) living cannabis plants may be planted, cultivated, harvested, dried, or processed upon the grounds of any single private residence.
g. A qualified patient, or his or her primary caregiver, who is in possession of a current, and valid physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the California Business and Professions Code, may submit to the City, as part of his or her permit application, or renewal thereof, that six (6) plants does not meet the qualified patient’s needs. In this event, based on the objective, written documentation provided to the Community Development Director by the qualified patient’s physician, up to eight (8) living plants in total may be planted, cultivated, harvested, dried, or processed upon the grounds of any single private residence by a qualified patient, or his or her primary caregiver. The intent of this subsection is to provide for an exception to the maximum allowed six (6) plants to qualified patients only, in order to acknowledge a medical need, pursuant to Section 11362.77(b) of the California Health and Safety Act.
h. All living cannabis plants, and any cannabis produced by the plants in excess of 28.5 grams, shall be kept within the private residence or accessory structure in a locked and secured space.
i. No living cannabis plants, cannabis cultivation activities, or equipment, shall be visible, and no odor, light, heat, or other environmental impacts associated with personal cultivation shall be detectable, from a public place, right-of-way, neighboring public or private property, or beyond the bounds of the grounds of the private residence at any time.
j. All structures and buildings, or portions thereof, of a private residence used to cultivate cannabis pursuant to this Chapter shall, at all times, comply with all applicable laws and provisions concerning building and construction of structures, including, without limitation, the City’s Land Use and Development Regulations pursuant to Title 19, as well as Building Regulations and Standards, pursuant to Titles 16 and 16R of the Chico Municipal Code, and the adopted and incorporated California Building Standards Code, as amended from time to time.
k. The indoor use of generators and/or gas products, including, without limitation, CO2, butane, propane, and natural gas shall be prohibited for the cultivation and/or processing of cannabis.
l. Not more potable water than is reasonably necessary to sustain six (6) living plants shall be utilized.
m. The lighting used for cultivation shall not exceed 1200 watts.
n. No nuisance shall be caused or maintained on the grounds of the private residence, including but not limited to those conditions set forth in Chapter 1.14 of this Code.
2. As a condition of approval of any application for any personal cultivation permit, the Community Development Director may, in his or her discretion, impose additional requirements and restrictions in addition to those expressly set forth in this section, to the extent such additional requirements and restrictions are necessary to ensure activities authorized by a personal cultivation permit are exercised in a manner that preserves and protects the public interest. In imposing such additional requirements and restrictions, the Community Development Director may consider such factors as the proximity of the private residence to sensitive land uses, the physical characteristics of the grounds of the private residence, and other relevant matters.
E. Enforcement and Inspection Authority.
1. Upon seventy-two (72) hour written notice, the Community Development Director, and any City police officer or code enforcement officer, shall have the right to enter into and upon the grounds of any private residence, and into or upon a private residence or accessory structure, for which a permit has been issued pursuant to this Chapter for purposes of conducting an inspection to ensure compliance with the requirements of this Chapter, and any applicable state law. A permittee’s refusal to allow said inspection shall be grounds for revocation of the permit.
2. Notwithstanding the foregoing, the City shall make reasonable efforts to schedule and conduct the inspection authorized by this section at the date and time agreeable to the permittee; provided that if the City makes reasonable efforts with a permittee to establish an agreeable date and time for an inspection, the failure or refusal of a permittee to establish an inspection date and time may be construed as a refusal to allow the inspection.
3. This section shall not limit or be interpreted as limiting the authority of the City or any representative thereof to enter upon or into the grounds of a private residence, or the private residence itself, as otherwise may be authorized by law or pursuant to a court-issued warrant.
F. Sale or Transfer of Cannabis Prohibited.
1. It shall be unlawful for any person or permittee to sell, or otherwise transfer for any consideration whatsoever, cannabis plants or the cannabis produced by the plants, to any other person.
2. It shall be unlawful for any person or permittee to sell, transfer, give away, or provide access to cannabis plants, or the cannabis produced by the plants, to any person under the age of 21.
3. All medical cannabis cultivated pursuant to this Chapter, shall be for the personal use only of a qualified patient residing on the private residence and may not be distributed to any other person, collective, or cooperative.
G. Grounds for Permit Denial.
1. Grounds for denial. The Community Development Director shall deny any application for a permit or for the renewal thereof if the Community Development Director makes any of the following determinations:
a. The applicant has not first obtained or has not maintained in full force and effect the permit required under this Chapter prior to engaging in the activities authorized by the permit.
b. The private residence or accessory structure used, or proposed to be used, to engage in the activities fails to comply with all applicable health, safety, zoning, fire, building and safety laws and regulations.
c. The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for the permit, in the application for or renewal of the permit, or submitted any false, misleading or fraudulent documentation in support of a permit or renewal permit application.
d. The applicant is in violation of a provision of the Chico Municipal Code or owes taxes, fees, or penalties pursuant to this Chapter or any other provision of the Chico Municipal Code.
e. The applicant of a new permit, or for the renewal thereof, has had a permit denied or revoked by the City within the preceding twelve (12) months.
2. Notice of Denial. Upon determination of the existence of any factors or conditions specified in Section 19.75.040(G)(1) hereinabove, the Community Development Director shall advise the applicant by serving upon the applicant a notice of denial in writing within ten (10) business days of such determination. The notice of denial shall state the Community Development Director’s findings and/or determinations that justify denial of the permit application, and shall include a summary of the evidence upon which such findings and/or determinations are based.
H. Permit - Posting or Storage. Permits issued pursuant to this Chapter shall be posted, kept, stored, or maintained in the private residence or accessory structure for which the permit was issued, and shall remain so posted, kept, stored, or maintained during the period the permit remains in force.
I. Permit - Duration and Renewal.
1. Permits issued pursuant to this Chapter shall be valid for two (2) years from the date of issuance, and shall expire immediately thereafter, unless timely renewed.
2. Permits issued pursuant to this Chapter may be renewed upon the filing of an application therefor with the Community Development Director. The application for renewal shall be in the same form as an application for an original permit. It shall be issued or denied in a like manner as in the case of the original permit.
J. Permit Fees. A filing and processing fee, in an amount established by resolution or ordinance of the City Council, shall be submitted with each application for an original permit, or applications for permit renewals. The fee provided for in this section is imposed to cover the cost of processing and reviewing permit applications, and to cover the cost of site inspections provided for in this Chapter. The fee provided for in this section may be amended from time to time by resolution of the City Council.
K. Transfer of Permit Prohibited. No permit issued pursuant to this Chapter shall be transferrable or assignable to any other person. The activities authorized by any permit issued pursuant to this Chapter shall only be conducted inside the private residence or accessory structure for which the permit was issued.
L. Permit Revocation.
1. Grounds for Revocation. The Community Development Director shall revoke any permit issued pursuant to this Chapter, if the Community Development Director makes any of the following findings or determinations:
a. There exists any ground for denial of the permit issued pursuant to this Chapter.
b. The permittee has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit or in any report required to be filed by law.
c. The permittee has violated or is violating any condition of approval imposed on such permit, or upon any other entitlement granted by the City or other government agency.
d. The permittee has violated or is violating any ordinance, law, or regulation of the City, Butte County, or State of California in the course of exercising any rights under the permit.
e. The permittee has been held liable for, or has been convicted of, any offense involving the maintenance of a nuisance resulting from any act performed in exercising any rights under the permit.
f. The continued activities under the permit would endanger, disrupt or otherwise be detrimental to the public peace, health, safety, morals or general welfare of the City or its inhabitants, or constitute a public nuisance.
2. Order of Revocation. The Community Development Director shall serve a written order of revocation upon the permittee the grounds for revocation and informing the permittee of his/her appeal rights (including method and timeline for requesting appeal). The order shall also advise the licensee/permittee of the effective date of the revocation.
3. Effectiveness of Order. Any permit revoked pursuant to the provisions of this Chapter shall become effective, and the permittee shall cease all activities authorized under such permit, no later than ten (10) calendar days from the service of the order of revocation. Where an appeal is timely filed in accordance with the provisions of this chapter, the notice of revocation shall be stayed pending the City Manager’s resolution of the appeal pursuant to the provisions of this chapter.
M. Appeal of Permit Application Denial or Revocation of a Permit. The denial of any application for a permit, or the revocation of a City-issued permit, may be appealed to the City Manager, and such appeal shall be governed by the standards and procedures set forth in Section 19.12.040 of this Code. The applicant or permittee may seek prompt judicial review of such administrative actions or decision in a court of competent jurisdiction as provided by law, pursuant to Section 1094.6 of the California Code of Civil Procedure.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)